Unmasking Truths Unraveling Stories
Unmasking Truths Unraveling Stories
At the outset of their judgment for the Supreme Court in R (Miller) v Prime Minister [2019] UKSC 41, [2020] AC 373 (a.k.a. Miller No. 2), Lady Hale and Lord Reed sought to reassure those who might be nervous about its implications: the case, they said, ‘arises in circumstances which have never arisen before and are unlikely ever to […]
This week, the Inner House of the Court of Session delivered judgment in Re Scottish Minister’s Petition 2023 CSOH 89. The case concerned the lawfulness of an Order made under section 35 of the Scotland Act 1998 to prevent the Gender Recognition Reform (Scotland) Bill from receiving Royal Assent. I wrote about this possibility at […]
Virtual Symposium on “Constitutional Essentials” by Frank Michelman, Friday 15th December 2023, 1.30pm The Constitutional and Administrative Justice Initiative at the University of Essex is kindly supporting a Virtual Symposium on Professor Frank Michelman’s latest book, “Constitutional Essentials: On the Constitutional Theory of Political Liberalism” (OUP 2022), on 15 December at 13.30 UK time (08.30 EST) […]
The Safety of Rwanda (Asylum and Immigration) Bill was introduced into Parliament on 7 December 2023. According to its long title, its purpose is to facilitate “the removal of certain migrants” to Rwanda. Without even looking at the international law dimensions, the Bill contains constitutionally troubling provisions. Firstly, it purports to legislatively state “facts”. Secondly, it usurps the judicial function by purporting […]
Brexit has been and continues to be a complicated process to understand, especially for continental lawyers. Nevertheless, it is interesting to try to study its dynamics and how, if at all, the law implemented within more than four decades of being part of the European Union will continue to affect the British legal system. In […]
In the summer I wrote on this blog about the Administrative Court’s decision in R (Oceana) v Upper Tribunal [2023] EWHC 791 (Admin). Oceana was the first time the new ‘super ouster clause’ contained in section 11A of the Tribunals, Courts and Enforcement Act 2007 (‘TCEA 2007’), introduced by section 2 of the Judicial Review and Courts Act 2022, fell for judicial consideration, and […]
On 15 November, the Supreme Court issued its much-awaited judgment in the case of AAA and others v the Home Secretary, commonly referred to as the Rwanda asylum policy case. The decision came notably quickly, almost a month after the case was heard, indicating the Court’s responsiveness to the urgency and the wider public interest surrounding the case. […]
Last week the Supreme Court (in R (AAA) v Home Secretary) found the UK government’s policy to send asylum applicants to Rwanda unlawful on the grounds that “removal … to Rwanda would expose them to a real risk of ill-treatment by reason of refoulement” [149]. In response, the Prime Minister announced that the government intends […]
*Editors’ note – this post is part of a series on ‘Contemporary Challenges for Constitutional Accountability’. The other posts in the series are available here.* On 24 October 2023 the Constitution, Europe, External Affairs and Culture (CEEAC) Committee of the Scottish Parliament published the second of two reports this session concerned with devolution in the post-EU era. […]
This post argues that the terminology of “reserve powers” and “personal prerogatives” are inaccurate and misleading descriptions of the royal powers of prime ministerial appointment, the dissolution of Parliament, and royal assent. They should be described in our constitutional writing as the “formal” or “ceremonial” powers of the royal Head of State. They are distinguishable […]
