Government & Politics

Lost in Transition

This paper challenges some claims made about the constitutional obligations of Her Majesty the Queen, the current Prime Minister and the next Prime Minister.

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Constitutional government, parliamentary democracy and judicial power

Richard Ekins revisits the nature of constitutional government in a parliamentary democracy, answering some related criticisms of the Judicial Power Project.

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Endangering Constitutional Government

The risks of the House of Commons taking control.

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UK Parliament

The Speaker should allow a third meaningful vote on the Brexit deal

The Speaker is right that the “same question” rule is well precedented and would need consideration in this case. But it would be quite wrong to apply the “same question” rule to disallow a third meaningful vote on the Government’s Brexit deal.

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UK Parliament

The Speaker should allow a third meaningful vote on the Brexit deal

The Speaker is right that the “same question” rule is well precedented and would need consideration in this case. But it would be quite wrong to apply the “same question” rule to disallow a third meaningful vote on the Government’s Brexit deal.

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The Irish Backstop: Nothing has changed? It has actually

The UK Government is now correct in asserting the right, in extremis, to appeal to international law under the Vienna Convention.

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Making the Case Against Expansive Judicial Power

Making the Case Against Expansive Judicial Power

Reflecting on Professor Finnis’ recent lecture on the past, present and future of judicial power, and on responses to the lecture, Professors Ekins and Gee consider how best to make the case against expansive judicial power. They argue that the public and politicians should be free to debate frankly the role of the courts in our constitution, welcoming the willingness of some in the political class to restate the traditional limits on judicial power and emphasising the primacy of an elected Parliament as the safeguard against injustice and the disadvantages of remaking the law by judicial process.

Cameron was right to revise the Ministerial Code

Cameron was right to revise the Ministerial Code

ConservativeHome Assistant Editor Henry Hill quotes from John Finnis’s recent article for Policy Exchange’s Judicial Power Project on changes to the Ministerial Code. Professor Finnis argued that the 2010 Code implied an overarching duty to comply with international law and treaty obligations, which was not constitutionally sound.

Ministers, International Law, and the Rule of Law

Ministers, International Law, and the Rule of Law

Following the recent controversy over changes to the Ministerial Code, Professor John Finnis explains for Policy Exchange’s Judicial Power Project, why the 2010 Code was wrong to imply that Ministers have an overarching duty to comply with international law and treaty obligations and why the formulation used in the 2015 Code is constitutionally sound.

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