Recent Blogs

Michael Sexton: Judicialising politics

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...

Paul Yowell: Miller (No 2) and political questions

Paul Yowell: Miller (No 2) and political questions

Related Content The figures just published do not signify an actual increase in incidents of hate In Bush v Gore (2004) the US Supreme Court stopped Florida’s recount of votes in the presidential election, sealing George Bush’s slim lead. After time for reflection,...

Dr David Tomkins: The Anisminic of justiciability?

Dr David Tomkins: The Anisminic of justiciability?

Related Content Some cases end up deciding much more in retrospect than they did at the time they were decided. The case of Anisminic [1969] 2 AC 147 (HL) comes to mind as one of the clearest examples of such a case in public law, with later courts taking the judgment...

Aileen McHarg: The Art of Judicial Disguise

Aileen McHarg: The Art of Judicial Disguise

Related Content The prorogation case is undoubtedly the most challenging that the Supreme Court has had to deal with so far in its relatively short history, involving a high-stakes dispute in extremely politicised territory in which there was a real risk to the...

Jane Smith: The demise of non-justiciability

Jane Smith: The demise of non-justiciability

Related Content North and south of the Border, the courts at first instance dismissed the Miller/Cherry claims in short order as non-justiciable. Miller proceeded directly to the Supreme Court by virtue of the “leapfrog” procedure. Cherry, however, was appealed to the...

Alison Young: Deftly guarding the constitution

Alison Young: Deftly guarding the constitution

Related Content The Supreme Court’s decision in Miller v Prime Minister and Cherry v The Advocate General is to be welcomed. It demonstrates a delicate balance between law and politics, affirming the Supreme Court’s role as the guardian of the  UK’s constitution.The...

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