Public Law

Ministerial Mis-Behaviour: Is the Ministerial Code an Effective Check?

Leave a Comment / Karmanya Sharma, Public Law /

BLURB The UK’s Ministerial Code is designed to control ministerial behaviour and ensure political accountability. But high-profile controversies like Partygate and debates over the Prime Minister’s unchecked discretion have raised questions about its effectiveness. This article argues that, despite these criticisms, the Code remains an effective mechanism for keeping ministers in check. Recent reforms under […]

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The Ramifications of State Conceptualisation on Contemporary Manifestations of Judicial Review

Leave a Comment / Angelina Koval, Public Law /

Abstract This note will comparatively analyse the contested existence and development of the state and administrative law of the UK and France, subsequently using this historical perspective to evaluate the contemporary efficacy of judicial review in curtailing bureaucratic excess. The two nations reflect divergent models of state, England epitomising a traditionally ‘state-less’ notion, with France

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Constitutional Adaptation in Europe’s New Age

Leave a Comment / António Vale, Public Law /

Abstract The EU, like any other legal or political framework, is relevant insofar as it is capable of adapting to the needs and challenges that it faces. While this is accepted by its different branches, it has generally been shy in endorsing the significant, structural change that it requires, rather opting for short-term, sticking plaster

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Al-Dulimi and Montana Management Inc. v Switzerland: To what extent does the application of UNSC Resolution 1483 impact the protection of individuals’ human rights in the pursuit of global security?

Leave a Comment / Alberta Davanzo di Cozur, Public Law /

Abstract This essay offers a fresh perspective on the interplay between international security measures and individual human rights by critically analysing the application of United Nations Security Council Resolution 1483 through the lens of the Al-Dulimi case. Many scholars have commented on this landmark case, drawing on parallels with the Kadi case. However, this note

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The Fleeting Doctrine of Parliamentary Sovereignty: Is the Doctrine Dead in the Eyes of David Hume, or is David Hume Dead in the Eyes of the Doctrine?

Leave a Comment / Marius Veiss, Public Law /

Introduction David Hume (1711-1776) has been characterised as one of the most influential philosophers of the modern era. His writings, although most influential in philosophy, have also been applied to jurisprudence. This essay will apply some of Hume’s philosophical ideas to the doctrine of parliamentary sovereignty both in its orthodox and modern form. The focus

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Online Domestic Abuse: Redefining the law and protecting victims in long-distance intimate relationships.

2 Comments / Eleni Anayiotou, Public Law /

Abstract.  This article explores Domestic Abuse (DA) law in England and Wales and attempts to redefine it to respond to the nascent issue of tech-facilitated abuse, with a particular focus on online abuse taking place in the context of Long-Distance Intimate Relationships (LDIRs).  Firstly, we need to address the following two questions: ‘what makes violence, domestic

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Untangling Refoulement and Non-Refoulement in the Judicial Response to the ‘Rwanda Policy’

Leave a Comment / Leonie Finke, Public Law /

On November 15, 2023, the Supreme Court of the United Kingdom (UKSC) held that the ‘Rwanda policy’ – the Secretary of State’s policy of redirecting people claiming asylum in the United Kingdom to Rwanda – was unlawful. An important factor in this decision was the finding that there was a real and substantial risk of

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When and Who Can Kill Your Darlings: Revisiting the Best Interests Test for Children’s Medical Treatments

Leave a Comment / Ovi Cheung, Public Law, Recent Posts /

Introduction In Dance v Barts Health NHS Trust (Dance), Archie Battersbee, a 12-year-old boy, suffered from a catastrophic hypoxic-ischaemic brain injury and was kept alive only by mechanical ventilation.1 Accordingly, the High Court concluded that Archie had ‘no prospect of meaningful recovery’ and authorised the withdrawal of continued ventilation on the basis that it was not in his

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The Impact of Follower Notices and Accelerated Payment Notices on the Taxpayer’s Fundamental Human Rights in the Context of Tackling Tax Avoidance

Leave a Comment / Ilsu Erdem Ari, Public Law /

Introduction Securing the payment of taxes is an essential prerogative of the legislature. Adding to this, the incentive to tackle tax avoidance schemes provides the legislature an opportunity to enact Acts of Parliament that endow His Majesty’s Revenue and Customs (‘HMRC’) with unprecedented powers.1 One such example is the Finance Act 2014 (‘FA 2014’), which

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Should the COVID-19 pandemic broaden states’ margin of appreciation under the European Convention on Human Rights?

Leave a Comment / Public Law, Sze Hian Ng /

Abstract Questions have been raised over the compatibility of national restrictions imposed due to the COVID-19 pandemic with Contracting States’ obligations under the European Convention on Human Rights (‘ECHR’). Yet, the public emergency caused by the pandemic also means that the ECHR is likely to afford states a margin of appreciation when deciding on the

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