Publications Archive

October 24, 2019

by Sir Stephen Laws

Under the Fixed Term Parliaments Act, if the government loses a vote of no confidence (VONC), there are 14 days in which either the incumbent government or a new government appointed by the Queen may attempt to win a vote of confidence. Otherwise, the Act requires the dissolution of Parliament and an early election. 

October 15, 2019

by Martin Loughlin

In this new paper for Policy Exchange’s Judicial Power Project, Professor Martin Loughlin of the LSE outlines the failings he perceives in the Supreme Court’s recent prorogation judgment. The paper is framed as the judgment on appeal by an imaginary higher court, which helps to isolate and highlight the Supreme Court’s missteps, central amongst which is its inattention the significance of the Crown in our constitutional scheme and its history. The paper opens with an introduction summarising where and why the Supreme Court went wrong.

October 9, 2019

by Jack Airey

In his first speech as Prime Minister on domestic policy, Boris Johnson said that his Government will, “emphasise the need, the duty, to build beautiful homes that people actually want to live in, and being sensitive to local concerns.”

As the Building Better, Building Beautiful Commission enters its second phase – a final report is due by the end of the year – we are publishing this essay collection to provide new and practical ideas for building more beautiful homes and places. The collection brings together thinkers from law, finance, energy and environment, architecture, property, planning and housing.

October 7, 2019

by Yuan Yi Zhu

The parliamentary authorities have taken the view that because the Supreme Court has quashed the prorogation of Parliament, everything else done by the Royal Commission in the morning of 10 September has been quashed as well. Accordingly, both the Speaker of the House of Commons and the Lord Speaker have indicated that Royal Assent for the Restoration and Renewal Bill would need to be signified again. This paper argues that the Speakers have wrongly understood the Supreme Court’s judgment in this respect.

September 28, 2019

by John Finnis

The Supreme Court’s judgment in Miller/Cherry [2019] UKSC 41 holds that Parliamentary sovereignty needs to be judicially protected against the power of the Government to prorogue Parliament. But the Judgment itself undercuts the genuine sovereignty of Parliament by evading a statutory prohibition – art. 9 of the Bill of Rights 1689 – on judicial questioning of proceedings in Parliament.This was wholly unjustified by law.

September 16, 2019

by Richard Ekins

This paper addresses the question of whether the Supreme Court should rule that the Government’s advice to Her Majesty to prorogue Parliament was unlawful. It argues that the prerogative power to prorogue Parliament is not subject to judicial control. Proroguing Parliament does not flout parliamentary sovereignty; the exercise of the prerogative should be challenged by political action not litigation.

September 9, 2019

by Richard Walton

With the rhetoric inside the House of Commons ratcheted up to fever pitch this week, it is hardly surprising that protest outside Parliament became equally as chaotic and disruptive.

by Richard Ekins and Sir Stephen Laws

The policy of Her Majesty’s Government is to leave on 31 October and not to apply for an extension; the House of Commons does not support this policy, which is the central policy of this Government, but the House has nonetheless held back from formally withdrawing its confidence in the Government

September 5, 2019

by Sir John Jenkins and Will Heaven

IPSO’s Guidance for Reporting on Islam and Muslims

September 2, 2019

by Sir Stephen Laws

The Fixed-term Parliaments Act and the next election

August 29, 2019

by Richard Ekins

Senior parliamentarians have asserted that the Northern Ireland (Executive Formation etc) Act 2019 was enacted to prevent prorogation of Parliament in the autumn. This understanding of the Act’s legal effect was very widely reported. Closer analysis suggests that the true position is otherwise.

August 13, 2019

by Richard Walton and Sophia Falkner

A 10-Point Plan for Revival

modernising UK

August 3, 2019

by Jack Airey, Gabriel Elefteriu, Sir Stephen Laws, Warwick Lightfoot, Benedict McAleenan, Rupert Reid and Jan Zeber

Unleashing the power of the Union – ideas for new leadership

by Jack Airey, Gabriel Elefteriu, Sir Stephen Laws, Warwick Lightfoot, Benedict McAleenan, Rupert Reid and Jan Zeber

Unleashing the power of the Union – ideas for new leadership

July 24, 2019

by Britain in the World

8 ideas for revitalising UK foreign policy for the post-Brexit age

by Brigadier John Clark

How a lack of understanding of national power generation threatens our way of life

by Alessio Patalano

The balance of power in the Asia-Pacific region is changing. How should the UK respond?

July 22, 2019

by Dr Joanna Williams

What do we want from the next Prime Minister on Education?

July 16, 2019

by Tom Wilson and Richard Walton

Extinction Rebellion has mainstreamed the politics of a radical fringe.

July 9, 2019

by Robert Craig, Richard Ekins and Sir Stephen Laws

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

Building Beautiful Places

July 1, 2019

by Jack Airey

How policy can incentivise beautiful housing schemes and unlock the building of new homes at the scale required by the housing shortage.

July 22, 2019

by Lord Trimble

The 1998 Belfast (Good Friday) Agreement is under severe threat from the Protocol.

June 23, 2019

by Warwick Lightfoot, Will Heaven and Jos Henson Grič

What do we want from the next Prime Minister on Social Care?

June 17, 2019

by Lord Bew

What do we want from the next Prime Minister on the Backstop?

Satellite reflecting Earth

July 16, 2019

by Gabriel Elefteriu

What do we want from the next Prime Minister on Space Policy?

The Scots Guards march past the Royal Courts of Justice

June 28, 2019

by Richard Ekins, Patrick Hennessey and Julie Marionneau

The next Prime Minister has a responsibility to act urgently to protect UK troops, whether serving or retired, from ongoing exposure to legal risk and to unfair legal processes.

June 12, 2019

by Jack Airey and Benedict McAleenan

A series of policy ideas for new leadership. Part 1: Housing, Energy and Environment

June 6, 2019

by Dr Joanna Williams

Recent changes to university admissions are having a detrimental impact on schools and sixth form colleges – and on teachers and pupils in the process of applying for higher education

May 21, 2019

by Warwick Lightfoot, Will Heaven and Jos Henson Grič

This research paper explores the nature and extent of the serious and urgent problems affecting the provision of social care in the UK.

May 15, 2019

by Trevor Phillips, Sir John Jenkins and Dr Martyn Frampton

Adopting the All-Party Parliamentary Group on British Muslims’ definition of Islamophobia would be a mistake.