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Recent Blogs
Net Zero needs a democratic mandate
Related Content Net Zero will face a backlash if it doesn't attain a proper mandate - this election must give it one, argues Benedict McAleenan from Policy Exchange This article was originally published at BusinessGreen.com Whether its 'Essex man', 'Mondeo man' or...
Putting consumer welfare at the heart of competition policy and market regulation
Related Content The UK competition authorities, having for years been behind the curve in taking competition and consumer welfare issues with the seriousness that they deserve, are now upping their game significantly. The CMA is demonstrating much greater vim and...
Philippe Lagassé: Taming the Crown in Court: Waning Executive Dominance in the United Kingdom
The Supreme Court’s prorogation judgement is the latest episode in a larger parliamentary and judicial effort to dampen the strength of the executive in constitution. This is not to deny the constitutional significance (or novelty) of the judgement, but it does raise questions about how much discretion should be left to the executive in any new equilibrium.
Creating a level playing field for the negotiations on UK Withdrawal
Related Content By David Trimble and Roderick Crawford The Prime Minister’s proposals to replace the Protocol on Ireland/Northern Ireland (the ‘backstop), published this week, have received a cool and sceptical reception in Brussels and have been dismissed by...
Emmett Macfarlane: Prorogation, politics and the courts: a Canadian perspective
Related Content The UK Supreme Court’s decision last week that Prime Minister Boris Johnson’s prorogation of Parliament was unlawful is an unprecedented judicial interference in matters concerning prerogative and will undoubtedly be subject to debate for some time....
Stephen Laws: The Supreme Court’s unjustified lawmaking
Related Content In Cherry/Miller, the Supreme Court chose to change the law by creating a new legal limitation on the prerogative to prorogue Parliament. Whether one thinks the Court was within its rights to change the law, the judgment was, from a practical point...
John Larkin: The Supreme Court on prorogation and its justiciability
Related Content The prorogation of Parliament or the advice on which such prorogation was based has not, historically, been thought to have been justiciable. The Supreme Court has decided that it is justiciable but determines that question not separately or as a...
Catherine Barnard: The unanimity in Cherry/Miller
Related Content Prior to the Supreme Court’s judgment, there was much speculation as to exactly how the Supreme Court would divide – 8:3, 7:4 or even 6:5 – and considerable speculation as to who would be on which side in the light of the questions posed and previous...
Michael Sexton: Judicialising politics
Related Content The Supreme Court’s decision in Miller/Cherry that suspending Parliament was unlawful is an extraordinary contribution to a long term trend in Western countries: the judicialisation of politics, that is, the transfer of political, social and economic...
Jack Simson Caird (Bingham Centre for the Rule of Law): The politics of constitutional interpretation in the UK
Related Content The core of the task facing the Supreme Court in Cherry/Miller was to interpret and apply constitutional and legal principles. One of the striking things about the judgment is the forthrightness with which the justices set out their collective view...
