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...
The U.S. Constitution, Constitutional Conventions, and President Trump
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...
After Miller: Legislating for Constitutional and Democratic Legitimacy
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...
Challenges of the EU’s Non-Accession to the ECHR ā The Case of the EU Rule of Law Mission in Kosovo
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...
Miller, the European Union Withdrawal Bill, and the Non-explanatory Notes
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...
A Conversation on the Human Rights Implications of Brexit
On 31 January 2017, OxHRH, together with the Public Law Discussion Group, the Programme for the Foundations of Constitutional Law and Government, and the Bonavero Insttiute of Human Rights hosted...
The Majority Judgment in Miller: Vulnerable but Defensible
The UK Supreme Court concluded yesterday, by an 8–3 majority, that legislation is needed for Article 50 to be triggered – for the UK to exit the European Union. All...
Miller: A Vital Reaffirmation of Parliamentary Sovereignty
In a ringing defence of the power of Parliament against the executive, the Supreme Court today held that the decision to trigger the process of leaving the EU cannot be...
Decolonizing Human Rights: Sovereignty, Tactics and Disruption
For those of us engaged with human rights, as students, activists and lawyers, I want to suggest that at some point in our engagement with rights discourses, we have had...
Swazi Court Reiterates Prominence of Human Rights in their Home-Grown Constitution
In September 2016, the High Court in Swaziland ruled that certain provisions in the Sedition and Subversive Activities and Suppression of Terrorism Acts were unconstitutional. The Court held that the...
Miller in the Supreme Court: The Scottish Case
In the Miller case, the High Court determined that the UK Government may not trigger Article 50 by use of the prerogative alone. Parliamentary authorisation must be obtained, apparently through...
What Are Human Rights?
A conversation between Kate O’Regan, Director of the Bonavero Institute of Human Rights at the University of Oxford, and Sandy Fredman, Professor of Law, University of Oxford and Director of...
