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Alison Young - 11th April 2017
In a previous post, I argued that there was some good news to take from the White Paper on the Great Repeal Bill. However, there are two main elements of the White Paper which give cause for concern. This post will examine the first concern. There is insufficient detail in the White Paper as to […]
Alison Young - 10th April 2017
On Thursday 30 March, David Davis, the Secretary of State for Exiting the European Union, gave a statement in the House of Commons announcing the publication of a White Paper on the proposed ‘Great Repeal Bill’. As is now well-known, the Bill would appear to have three objectives: (i) to repeal the European Communities Act […]
Barbara Havelková - 1st April 2017
Two blog contributions have recently discussed the nomination of Judge Neil Gorsuch to the US Supreme Court and what should be made of his conservative and theologically-derived views supported by a specific strand of natural law jurisprudence. Like Nick Bamforth, I am deeply troubled by the views that Judge Gorsuch appears to hold on gender […]
Nick Barber - 23rd March 2017
At the start of March, Nick Bamforth wrote a blog post for this site examining Judge Neil Gorsuch’s ‘Academic Pedigree’. With the hearings on Gorsuch underway, I thought it might be worth revisiting that post to consider what are, and what are not, potentially fair criticisms of Gorsuch’s candidature. Bamforth’s post argues that there are […]
David V Williams - 22nd March 2017
Judgments were delivered by the New Zealand Supreme Court on 28 February 2017 in Wakatu v Attorney-General. The High Court and Court of Appeal decisions had relied on the notion that “political trusts” between the Crown and indigenous Maori at the outset of colonialism were political compacts unenforceable in law. The Supreme Court reversed the […]
Max du Plessis - 12th March 2017
The South African government deposited on 7 March 2017 with the UN Secretary General a document that is as embarrassing as it is telling. The document is headed: “South Africa: Withdrawal of Notification of Withdrawal”. It comes on the back of a successful challenge in the High Court to the government’s unilateral and surprise lodging […]
Nicholas Bamforth - 7th March 2017
In articles published on 4th February 2017, the Times and Guardian newspapers drew attention to the intellectual influence of Oxford legal theorist John Finnis on U.S. Supreme Court nominee Judge Neil Gorsuch. Both newspapers highlighted Finnis’s deeply conservative views on the legal rights of LGBTQ citizens, including his opposition to same-sex marriage. Finnis is one […]
Neil Siegel - 2nd March 2017
I previously promised evidence that Donald Trump disrespected norms designed to discipline presidential candidates and has since flouted constitutional conventions designed to keep partisanship within reasonable bounds, ensure governmental competence and accountability, and maintain trust in government. Space limitations permit only illustrative examples. Here are some norms that Trump violated during the campaign: Notwithstanding norms of […]
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 […]
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 […]
Dzemal Calakovic - 17th February 2017
In spite of its obligation under Art 6(2) of the Lisbon Treaty to accede to the ECHR, the EU has yet to do so. There are significant challenges in ensuring the EU is held accountable for interferences with human rights. This post will demonstrate the practical challenges the failure to accede presents for the realization […]
Reuven (Ruvi) Ziegler - 14th February 2017
On 8th February, the EU (Notification of Withdrawal) Bill passed Third Reading in the House of Commons, by 494 votes to 122. MPs rejected all amendments to the 133-word Bill. This post concerns the rejection, by 332 votes to 290 of an amendment tabled by Harriet Harman, Chair of the Joint Committee on Human Rights […]