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 […]
Introduction The Government has been promising to change the system of judicial review for a considerable amount of time.1 In July 2021, it introduced the Judicial Review and Courts Bill2 which, at the time of writing, is going through the Second Reading in the House of Commons. Although very delicate and sensitive language was used in Consultation
Judicial Review Reform: The Move from Constitutional Democracy to Elective Dictatorship Read More »
Introduction In Elgizouli v Secretary of State for the Home Department, the Supreme Court considered whether it was unlawful for the Secretary of State to authorise mutual legal assistance (“MLA”) to the United States in order to assist a criminal investigation which could lead to the imposition of the death penalty on a suspected British terrorist.1 This
INTRODUCTION Western countries take pride in their orderly constitutional systems which reflect their aspirations to respect human rights and the rule of law (“RoL”). However, when considering the actual meaning and intended genuine effect of the RoL, the concept actually generates more confusion than its inconclusive terminology suggests. Situating the concept of the RoL in
Rethinking the concept of the Rule of Law in Modern Britain Read More »
I. Introduction Scientific research suggests that the implementation of artificial wombs for human fetuses (ectogenesis) is foreseeable within the next few decades,1 having already been used successfully for lamb fetuses.2 However, the current law is ill-equipped to deal with the conflict of rights which will ensue. Ectogenesis will reshape pre-natal viability and procedures, decreasing the mortality rate
It is safe to say that the claimants in Fearn v Tate Gallery1, owners of multi-million pound, highly exclusive London flats, are not among the neediest of those who have applied to human rights law for help. However, the decision of Mann J in the High Court,2 while focusing primarily on the tort of nuisance, did raise
‘Keep the Powder Dry’: The Court of Appeal in Fearn v Tate Gallery Read More »
Introduction: In the case of R(UNISON) v Lord Chancellor,1 the Supreme Court ruled that the Lord Chancellor’s Fee Orders for the Employment Tribunal (ET) and the Employment Appeal Tribunal (EAT) were unlawful because they limited access to justice. This article will first set out the background facts and context behind the appeal. Then, it will highlight the
Protecting Rights under the Common Law: R(UNISON) v Lord Chancellor Read More »
Would becoming a republic be so simple? Following the Prime Minister’s decision to prorogue Parliament, some Labour MPs have called for the UK to become a republic. This article will outline the possible forms a republic could take and explore the constitutional implications having an elected Head of State would cause. It is argued that
Would becoming a republic be so simple? Read More »
Commentary on Lungowe and others v Vedanta Resources plc and Kokola Copper Mines plc [2019] UKSC 201 The need to secure individual human rights from corporate malpractice is of increasing importance in recent years in light of industrial incidents causing considerable injury to individuals and damage to properties and the environment.2 The UK Supreme Court’s recent decision in Lungowe
Private law protection of human rights from corporate abuses: deep and meaningful? Read More »
The tension between constituent power and a liberal theory of constitutionalism is important in constitutional theory as they paint very different perceptions of the nature of authority in a constitution. Constituent power is “the power through which the prince’s power to rule was authorised,”1 and its primary function is to “specify in constitutional language the ultimate
