Judicial Review and Judicial Independence

The unconstitutionality of the Supreme Court’s prorogation judgment | John Finnis

2 Oct 2019 | Judicial Review and Judicial Independence, Publications

The Supreme Court’s judgment in Miller/Cherry [2019] UKSC 41 holds that Parliamentary sovereignty needs to be judicially protected against the power of the Government to prorogue Parliament. But the Judgment itself undercuts the genuine sovereignty of Parliament by...

Parliamentary Sovereignty and the Politics of Prorogation | Richard Ekins

17 Sep 2019 | Judicial Review and Judicial Independence, Publications

This paper addresses the question of whether the Supreme Court should rule that the Government’s advice to Her Majesty to prorogue Parliament was unlawful. It argues that the prerogative power to prorogue Parliament is not subject to judicial control. Proroguing...

Does Political Criticism Of Judges Damage Judicial Independence?

2 Mar 2018 | Judicial Review and Judicial Independence

In a new paper for Policy Exchange’s Judicial Power Project the Honourable Dyson Heydon AC QC, former Justice of the High Court of Australia, asks Does Political Criticism of Judges Damage Judicial Independence? In the paper, Mr Heydon challenges the conventional...

Enclaves and Exclaves: Limits and exceptions to the doctrine of judicial review

1 Mar 2018 | Judicial Review and Judicial Independence

The Honourable Dyson Heydon AC QC, former Justice of the High Court of Australia and one of the common-law world’s foremost figures, considered the rise of judicial review around the world in an event at Policy Exchange. Heydon warned that the phenomenon of rising...