Launch of the Admin Law Blog

Launch of the Admin Law Blog

We are happy to welcome the Admin Law Blog and wish it every success. Here is the announcement: The Admin Law Blog is a forum for the discussion of ideas and developments of interest to scholars of administrative law across the common law world. It aims to connect...
Christopher Forsyth: Questioning the Legal Establishment

Christopher Forsyth: Questioning the Legal Establishment

“greater assertiveness overall is consistent with the less deferential approach towards authority taken by today’s judges, who grew to maturity in the intellectual climate of the Sixties and Seventies and who therefore feel less hidebound by tradition than their...
Miller Supreme Court Judgment: Expert Reactions

Miller Supreme Court Judgment: Expert Reactions

Editor’s Note: Policy Exchange’s Judicial Power Project invited leading academics and practitioners to offer short comments on the Supreme Court’s decision on Article 50 in R(Miller and Dos Santos) v Secretary of State for Exiting the EU. We sought contributions from...
Supreme Court has ‘fumbled the law’

Supreme Court has ‘fumbled the law’

This is a very disappointing decision which is not justified by long-standing legal principle. The claim should have failed. It is encouraging that at least some Justices saw through the claimant’s strained legal arguments. The High Court mishandled the relevant law,...
What the JCHR Gets Wrong about Fundamental Rights

What the JCHR Gets Wrong about Fundamental Rights

Download pdf Gunnar Beck, 1 Essex Court, former advisor to the European Scrutiny Committee of the House of Commons Richard Ekins, Associate Professor, University of Oxford, Head of the Judicial Power Project John Finnis, Professor Emeritus in the University of Oxford,...
Aileen McHarg: The Devolution Implications of the Miller Decision

Aileen McHarg: The Devolution Implications of the Miller Decision

Brexit and Devolution Given the complexity of the United Kingdom’s system of multi-layered governance, and the intertwining of policy competences across European, UK-wide and devolved levels, the devolved governments and legislatures necessarily have a strong interest...
Video: Criticism and Accountability in Judging

Video: Criticism and Accountability in Judging

Next month the Supreme Court will hear the Government’s appeal in the Miller judgment. The backdrop to that hearing is unusually heated: earlier this month, press and politicians reacted strongly to the High Court’s decision. Retired judges, lawyers and political...
Christopher Forsyth: The High Court’s Miller Judgment

Christopher Forsyth: The High Court’s Miller Judgment

I. Law not politics   Writing before the ink is dry on the High Court’s judgment in the Brexit judicial review case R (Miller) may be thought foolish. It will be easy to mistake its significance. It is easy too to rush to judgment (as others who should know...
Miller: Expert Reactions

Miller: Expert Reactions

Editor’s Note: Policy Exchange’s Judicial Power Project invited a number of leading academics and practitioners to offer very short comments on the High Court’s decision on the process for triggering Article 50 in R(Miller) v Secretary of State for Exiting the...
A bad day for the rule of law

A bad day for the rule of law

The High Court has made a bad mistake – it has wrongly lent its authority to a claim that undermines both democratic self-government and the rule of law. The basic point of this litigation has not been to defend parliamentary democracy.  Rather, the aim has been to...
Simon Lee: First level judging of the first class

Simon Lee: First level judging of the first class

Simon Lee on the Belfast court’s justified dismissal of the first round of Brexit litigation. In the Northern Ireland High Court on Friday, 28 October, Maguire J gave the first ruling on Brexit litigation. Maguire J rejected the applications of Raymond Cord and...
Derogation in wartime: A response to Lord Pannick

Derogation in wartime: A response to Lord Pannick

Dr Jonathan Morgan from the University of Cambridge offers the following response:                                                                                           Derogation in wartime                                                                         ...