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                                                                         ...
Robert Stevens: The Proper Limits of Judicial Law-Making

Robert Stevens: The Proper Limits of Judicial Law-Making

Editors Note: In this post, Professor Robert Stevens replies to Baroness Hale’s keynote lecture to the Society of Legal Scholars in September 2016 (Baroness Hale’s lecture can be read here, and a video of the lecture viewed here). It is an honour to have been...
Richard Ekins: Can the courts block Brexit?

Richard Ekins: Can the courts block Brexit?

Not everyone is taking last week’s vote well. There have been calls for a second referendum or for Parliament simply to ignore the result. Whatever one thinks about the outcome of the referendum, these are not sensible suggestions, as I argue elsewhere. They are...
Daniel Greenberg: Human rights and reductio ad Hitlerum

Daniel Greenberg: Human rights and reductio ad Hitlerum

This site maintains an interest not only in the substance of human rights and other law, but also in the manner in which it is debated. A good example of how not to discuss human rights is found in an article by Adam Wagner in The Times of Israel / Jewish News...
Simon Lee: From judge-shaming to judiciousness-sharing

Simon Lee: From judge-shaming to judiciousness-sharing

Sir Stephen Sedley, possibly the most radical lawyer to have become a judge in the UK, has pointed out that, ‘Left to journalists, commentary on the law and the legal system is sometimes excellent but frequently jejune and agenda-driven’. Joshua Rozenberg, the...
Lisa Burton Crawford: The limits of Australian administrative law

Lisa Burton Crawford: The limits of Australian administrative law

In 2008, Michael Taggart famously described Australian administrative law as ‘exceptional’. The description has stuck — and it has a hint of the pejorative. It captures a certain sense of frustration if not disapproval: that Australian administrative law has failed to...