Topic

‘Constitutional Practice and Principle in the Article 50 Litigation’

Author/Academic

Richard Ekins

Viewpoint

This article considers, with reference to the ruling in R (on the application of Miller) v Secretary of State for Exiting the European Union (2017), the constitutional issues involved in the UK’s service of notice of its withdrawal from the EU under Art 50 TEU. It goes on to reflect on the arguments raised in the case, the significance of the dissenting judgments, and how the decision intervenes in the relationship between the government and Parliament.

Source

(2017) 133 Law Quarterly Review 347–353

Topic

‘Unpacking Separation of Powers: Judicial Independence, Sovereignty and Conceptual Flexibility in the UK Constitution’

Author/Academic

Roger Masterman and Se-shauna Wheatle

Viewpoint

This article considers the extent to which the UK doctrine of separation of powers exerts a normative influence on judicial decision-making. It goes on to examines the evolving constitutional significance of the doctrine, and how it manifests itself in judicial discourse through variants that are hierarchical, weakly normative, strongly normative, and constitutionally fundamental. It also outlines the context-specific nature of the variants.

Source

[2017] Public Law 469–487

Topic

‘Legalism in Constitutional Law: Judging in a Democracy’

Author/Academic

Philip Sales

Viewpoint

This article discusses the author’s experience as one of the judges subjected to media criticism for his role in R (on the application of Miller) v Secretary of State for Exiting the European Union. It also reviews key aspects of judging in a democracy, including legalism’s role in constitutional law, the courts’ responsibilities in the system of government, their interpretive duties, and their responsibility in safeguarding democratic politics.

Source

[2017] Public Law 687–707

Topic

‘Constitutional Practice and Principle in the Article 50 Litigation’

Author/academic

Richard Ekins

Viewpoint

Considers, with reference to the ruling in R (on the application of Miller) v Secretary of State for Exiting the European Union, the constitutional issues involved in the UK’s service of notice of its withdrawal from the EU under Art 50 TEU. Reflects on the arguments raised in the case, the significance of the dissenting judgments, and how the decision intervenes in the relationship between the government and Parliament.

Source

(2017) 133 Law Quarterly Review 347–353

Topic

‘Political Constitutionalism and the Judicial Role: A Response’

Author/Academic

Paul Craig

Viewpoint

Discusses the challenges faced by political constitutionalists seeking to delineate the proper scope of judicial review in the UK.

Source

(2011) 9(1) International Journal of Constitutional Law 112–131

Topic

‘Political Constitutionalism and the Human Rights Act’

Author/Academic

Richard Bellamy

Viewpoint

Evaluates the view that the Human Rights Act 1998 gives excessive powers to the courts.

Source

(2011) 9(1) International Journal of Constitutional Law 86–111