Judicial Power and Judicial Independence
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Judicial Power and the Balance of Our Constitution
John Finnis | Appendix: “Guardians of the Constitution”
Here are the main uses of “guardian(s) of the Constitution” in UK-related courts. I asterisk sentences that seem to me fallacious. 1 In Akar v AG Sierra Leone [1970] AC 853 at 872, Lord Guest, dissenting, said: Although the courts are the guardians of the...
John Finnis | Brexit and the Balance of our Constitution
The Lord Chief Justice, the Master of the Rolls, and Lord Justice Sales have ruled that the Crown’s prerogative of conducting international relations and making and unmaking treaties does not authorise our Government to notify the European Council, pursuant to Art. 50...
John Finnis | Postscript
Brief observations on the final Miller judgment[1] My first thought about Miller[2]: We are leaving the EU just in time; our Supreme Court is going native — reading statutes like courts in European jurisdictions characteristically do, subordinating deliberate wording...
Judicial Power and the Left
Richard Tuck | Constitutional Restraints and Radical Politics
Richard Tuck argues that the UK’s permissive constitutional structure is more conducive to radical left-wing politics than the restrictive shape of the EU legal order.
Gerald N. Rosenberg | Protecting Privilege: The Historic Role of the U.S. Supreme Court and the Great Progressive Misunderstanding
Gerald N. Rosenberg reflects on the lessons that US history teaches about the potential for courts to advance progressive social change.
Chye-Ching Huang and Brian Highsmith | Progressive Politics and the Courts: Lessons from the United States
Chye-Ching Huang and Brian Highsmith focus on some of the challenges confronting progressive politics in the age of Trump.
Jane Kelsey | The Crisis of Legitimacy in International Investment Agreements and Investor-State Dispute Settlement
Jane Kelsey surveys the contentious questions raised by the rapid growth of international investment agreements.
Human Rights
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Critiquing Judicial Power
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Brexit and Judicial Power
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ALBA Papers on Judicial Activism
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‘Lawfare’ and Judicial Power
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