Aileen McHarg is Professor of Public Law and Human Rights at Durham Law School The problem of accretion of ministerial powers at the expense of Parliament that Lord Judge describes is not a new one. If it became worse as a consequence of Brexit and the pandemic, the issue is one of scale rather than the nature of the constitutional questions that arise. Nevertheless, there is a new constitutional […]
Perhaps the most challenging aspect of the Miller case was how to navigate the judicial role in a complex constitutional environment which is only partially regulated by law. While the dissenting judges were largely content to leave it to the political sphere to constrain executive power, and negotiate the respective authority claims of the UK Parliament, the devolved legislatures and the people via the referendum, the majority attempted to draw a sharp […]
Any list of ‘problematic’ cases is bound to be controversial. There are several reasons why this is so. First, as the editors acknowledge in their introductory essay, there are different ways in which cases might be problematic: They may contain bold or unexpected doctrinal developments, particularly ones which extend the reach of judicial power (e.g., Van Gend en Loos and Costa v ENEL; Smith v MoD; Anisminic and Racal?) and which are not necessary to decide the […]
