UK Constitutional Law Association
WEBSe-shauna Wheatle and Vanessa MacDonnell: Unwritten Constitutional Norms and Principles – Blog Series Introduction. Unwritten constitutionalism is often associated with Westminster systems, but it is arguably a feature of all constitutional democracies, […] UKCLA May 20, 2024 Canada, Constitutional Law, United Kingdom.
Raffael N. Fasel: Ouster Clauses and the Silent Constitutional Crisis
WEBFeb 20, 2024 · A very thoughtful and comprehensive analysis of the balance between courts and parliament through the prism of ouster clauses. Essentially the question is whether the courts should continue their policy of polite wilful ignorance of the purposes of the govt in introducing these ouster clauses. ”of course you couldn’t possibly want to do something so silly” the courts argue, in response ...
Mike Gordon: The Prorogation Case and the Political Constitution
WEBSep 30, 2019 · The decision of the Supreme Court in Cherry / Miller (No.2) [2019] UKSC 41 has been heralded as a significant moment in our constitutional history, a case which will be regarded as a defining part of the fabric of our constitution for centuries to come.. Whether it will live up to this billing is a matter for the future, yet this case might easily be understood to confirm a major shift in UK ...
Mike Gordon: A Statutory Basis for the Ministerial Code – the ...
WEBNov 16, 2021 · With the UK in the midst of its latest political corruption crisis, the question of the (in)adequacy of the current infrastructure concerning standards in public life is once more in the spotlight.Immediately prior to the parliamentary farce over the Owen Paterson lobbying affair, the Committee on Standards in Public Life published a significant report, Upholding Standards in Public Life ...
UK Constitutional Law Association
WEBJun 1, 2021 · The Conservative government’s response to the IRAL report has raised plenty of alarm bells from UK constitutional scholars. The widespread observation that the government’s judicial review reform plans appear to go well beyond what the Independent Panel recommended points to a more fundamental problem: that the government seems to proceed from a very partial understanding…
Michael Foran: Shamima Begum, the Separation of Powers, and …
WEBMar 17, 2021 · The Supreme Court has come under significant criticism for its handling of the Shamima Begum case, decided on 26 February. Much has already been said in relation to the deference that the court showed to the executive, with some arguing that it was improper or even a complete abdication of the judicial role itself. This…
Michael Foran: Parliamentary Sovereignty and the Politics of …
WEBOct 18, 2021 · Parliamentary sovereignty has traditionally been understood to mean that Parliament is free to enact legislation on any area of law that it chooses, and that Acts of the U.K. Parliament take precedence over subordinate legislation, regulation, or common law rule. Understood this way, parliamentary sovereignty is a constitutional principle that is couched explicitly in legal…
Philip Murray: Reconsidering Ouster Clauses: The High Court’s …
WEBJul 5, 2023 · To many, ouster clauses represent a conflict between, on the one hand, the will of a sovereign Parliament and, on the other, the rule of law’s demands that public bodies act within the limits of their powers. The common law has traditionally sought to interpret ouster clauses restrictively, employing reasoning articulated classically (but …
Michael Foran: Interpretation after the Human Rights Act? The …
WEBSep 12, 2022 · Last week Liz Truss’s cabinet decided to shelve the proposed British Bill of Rights. Quite a lot has been said about the Bill since it was announced and many have welcomed the quiet demise of what was perceived by some to be a dangerous inroad into our human rights protection. Others have suggested that the…
UK Constitutional Law Association
WEBOn 26 June 2018, after nearly a year of deliberation by Parliament, the European Union (Withdrawal) Act 2018 (the “Act”) received royal assent. It is a statute of profound importance to the legal systems of the UK. This post seeks briefly to summarise the purpose and architecture of the Act and to outline ten key…
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