UK Constitutional Law Association
The Liberal Democrat, Conservative and Labour manifestos offer markedly different visions for the future of devolution in Scotland, Wales and Northern Ireland after the […]
Michael Foran: Parliamentary Sovereignty and the Politics of …
Oct 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…
Lewis Graham: - UK Constitutional Law Association
On 11 June 2024, the Grand Chamber of the European Court of Human Rights handed down its judgment in Nealon and Hallam v United Kingdom.The case is important for two reasons: firstly, because it provides a long-awaited clarification of the law relating to the presumption of innocence under Article 6 of the Convention; secondly, because it allows Strasbourg to …
Michael Foran: - UK Constitutional Law Association
Mar 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…
Philip Murray: - UK Constitutional Law Association
Jul 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 far from…
Mark Elliott and Nicholas Kilford: - UK Constitutional Law Association
Oct 15, 2021 · In the Continuity Bill Reference, the Supreme Court advanced a striking analysis of the implications for devolution of the doctrine of parliamentary sovereignty — or, more specifically, of the provision in the Scotland Act 1998 that had hitherto been understood merely to affirm that doctrine. The provision in question is section 28(7), which says of…
Daniel Skeffington and Philippe Lagassé: - UK Constitutional Law ...
May 23, 2024 · *Editors’ Note: This post is part of the ‘Unwritten Constitutional Norms and Principles Blog Series’* It remains commonplace, both in political and public law discourse, to describe the Royal Prerogative as archaic or anachronistic.Executive power in the United Kingdom may begin with the Crown, but even the most venerated constitutional historians have long thought ‘the Crown’ is a ...
Stephen Tierney and Alison Young: - UK Constitutional Law …
Jan 20, 2022 · Following a year-long inquiry into the future governance of the United Kingdom, the House of Lords Constitution Committee today publishes its report, Respect and Co-operation: Building a Stronger Union for the 21st century. The document comprises 10 chapters, beginning with reflections upon the state of the Union. It then turns to …
Michael Foran: - UK Constitutional Law Association
Sep 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…
Thomas L Muinzer: - UK Constitutional Law Association
Apr 23, 2021 · The Brexit process has served to draw significant attention to a rich variety of questions engaging the character and scope of the doctrine of Parliamentary Sovereignty. This includes on this blog, where various significant issues have been ably examined by, amongst others: Professor Mike Gordon, with reference to the …