Finnis on Judicial Power

John Finnis: Brexit and the Balance of Our Constitution

Following on from his three Judicial Power Project papers on Miller, Professor John Finnis delivered the Sir Thomas More Lecture at Lincoln’s Inn on ‘Brexit and the Balance of Our Constitution’, on 1 December 2016. The lecture provided powerful...

John Finnis: Two Too Many?

Part of our series on “Debating Judicial Power: Papers from the ALBA Summer Conference”. A pdf version of this post can be found here. These brief marginal comments on Dame Elisabeth Laing’s interesting, important, and enviably readable “shop floor” reflections in her...

John Finnis – Judicial Power: Past, Present and Future

Below is the text of the speech delivered by Professor John Finnis FBA at the relaunch of Policy Exchange’s Judicial Power Project, with an introduction from Lord Chancellor Rt Hon Michael Gove MP and a Vote of Thanks from Rt Hon Lord Justice Elias, himself a...

Brexit and Judicial Power

John Finnis: Brexit and the Balance of Our Constitution

Following on from his three Judicial Power Project papers on Miller, Professor John Finnis delivered the Sir Thomas More Lecture at Lincoln’s Inn on ‘Brexit and the Balance of Our Constitution’, on 1 December 2016. The lecture provided powerful...

John Finnis: Terminating Treaty-based UK Rights: A Supplementary Note

This post is excerpted from a second short paper published today, available here: Download paper In a Judicial Power Project paper of 26 October, Terminating Treaty-based UK Rights, I argued that UK law and constitutional practice about double tax treaties provides a...

John Finnis: Terminating Treaty-based UK Rights

This post is excerpted from a short paper published today, available here: Download paper Oral argument in the Brexit Case in the Administrative Court last week left an easy case looking a bit difficult.  It allowed Lord Pannick QC, for the lead claimant, to reiterate...

Rights after Brexit: Submission to the JCHR

Download pdf Submission to the Joint Committee on Human Rights 10 October 2016 Gunnar Beck, 1 Essex Court, former advisor to the European Scrutiny Committee of the House of Commons Dominic Burbidge, Research Fellow, Judicial Power Project Richard Ekins, Associate...

Brexit and Judicial Power

Professor Richard Ekins publishes a new Judical Power Project report on Brexit’s wide implications for the future of judicial power in our constitution. Read the report...

ALBA Papers on Judicial Activism

Maya Lester: The “Rogue” European Court in the Campaign for Brexit

In the third part of our series on Debating Judicial Power: Papers from the ALBA Summer Conference, Maya Lester QC from Brick Court Chambers writes on ‘The “Rogue” European Court in the Campaign for Brexit’. With debate about judicial activism playing a...

Christopher Forsyth: Who is the ultimate guardian of the constitution?

Part of our series on “Debating Judicial Power: Papers from the ALBA Summer Conference”. A pdf version of this post can be found here. 1. Sir John Laws writes, whether on or off the bench, with brilliance and brio. He presents an apparently utterly persuasive account...

Sir John Laws: Judicial Activism

Download John Laws paper Christopher Forsyth reply In the second part of our series on Debating Judicial Power: Papers from the ALBA Summer Conference, Sir John Laws, who served from 1999-2016 as a Lord Justice of Appeal, shares his thoughts on “Judicial Activism”,...

John Finnis: Two Too Many?

Part of our series on “Debating Judicial Power: Papers from the ALBA Summer Conference”. A pdf version of this post can be found here. These brief marginal comments on Dame Elisabeth Laing’s interesting, important, and enviably readable “shop floor” reflections in her...

Elisabeth Laing: Two Cheers for Judicial Activism

Download Elisabeth Laing paper John Finnis reply Today we launch this series with a paper by High Court judge Dame Elisabeth Laing entitled ‘Two Cheers for Judicial Activism’. The premise of the paper is that ‘there is a thing, which for want of a better label, we can...

Other

Judicial Capture of Political Accountability

Download report Judicial Capture of Political Accountability examines the increasing capture of political accountability mechanisms by courts. It focuses upon developments in judicial review of the Ombudsman process, and shows how these developments are emblematic of...

Judging the Public Interest: The rule of law vs. the rule of courts

Download report The judiciary is guilty of overreaching its constitutional remit by overruling Ministers’ decisions whether to release material not deemed to be in the public interest. In Judging the Public Interest, Prof Richard Ekins (University of Oxford) and Prof...
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