Welcome to the Oxford Human Rights Hub Blog!

Promoting dialogue between human rights researchers, practitioners and policy-makers from around the world.

Original contributions on recent human rights law developments across the globe, including case law, current litigation, legislation, policy-making and activism are welcome.

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The U.S. Constitution, Constitutional Conventions, and President Trump

Neil Siegel 1st March 2017

What is most concerning about the conduct of Donald Trump during and since the 2016 presidential campaign is not any potential violations of the U.S. Constitution.  Most concerning are his disregard of norms that had previously constrained candidates for president and his flouting of constitutional conventions that had previously guided occupants of the White House. In […]

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After Miller: Legislating for Constitutional and Democratic Legitimacy

Rebecca Mooney 27th February 2017

In Miller, the Supreme Court ruled by majority that ministers have no prerogative power to invoke article 50(2) of the Treaty on European Union (TEU).  The European Communities Act 1972 makes EU law an independent and overriding source of domestic law (paras 61–65).  Assuming article 50(2) notice is irrevocable, it will remove EU law and […]

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Miller, the European Union Withdrawal Bill, and the Non-explanatory Notes

Mark Freedland 6th February 2017

In her blog posting of January 24th 2017 about the decision of the Supreme Court in the Miller case, Professor Sandra Fredman very rightly observed that:- ‘One of the most disturbing consequences of the referendum has been the insistence that the Government is entitled to exercise its powers in relation to Brexit without involving Parliament. It […]

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