06 May 2024
Unconstitutionality à l’Anglaise
After long and tortuous proceedings in Parliament, the Safety of Rwanda (Asylum and Immigration) Act 2024 finally received Royal Assent on Thursday 25 April. There are so many problems with the Act and they are so fundamental that there has been speculation that the courts might refuse to apply some of the Act’s provisions. In this blogpost, I suggest that aside from the ‘hard-line’ approach of striking down or disapplying the statute in whole or in part, the courts also have a ‘soft-line’ option of declaring its unconstitutionality without denying its status as binding law. I explain how such an intervention might fit into the constitutional tradition of the UK and what may make it attractive in the case at hand. Continue reading >>
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06 April 2023
Constitutional Change in the UK – People or Party?
The UK’s membership of, and later exit from, the EU has had a dramatic effect on the UK constitution. It also provided a catalyst for further change. These demonstrate the relative ease with which the UK constitution can be modified, reinforcing the UK’s characterisation as a predominantly political, flexible constitution. This post will argue that these transformations illustrate something more fundamental that applies to all constitutions – be they predominantly codified or uncodified, with or without the ability of the courts to strike down unconstitutional legislation. Continue reading >>
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30 June 2022
Scottish Indyref 2
On Tuesday 28 June, First Minister Nicola Sturgeon addressed the Scottish Parliament about her plans for a second independence referendum. According to the proposed Bill, the referendum will take place on 19 October 2023. The announcement reopened the age-old debate about the ‘festering issue’ whether Holyrood does possess the power to organise such referendum without the explicit consent of Westminster. Continue reading >>26 January 2022
Clause 9 of the Nationality and Borders Bill
In July 2021, the UK government set to work on a new Nationality and Borders Bill. Should this far-reaching amendment acquire statutory force, it will raise important questions about the capacity of the UK constitution to prevent sweeping executive authorisation, even in matters with intense bearing on the most profound human rights and entitlements. Continue reading >>
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