In co-authoring the Current Survey section of the journal Public Law, I have been struck by how often questions about statutory discretion, executive policy and judicial review have arisen in the last year or so. The Current Survey is not a … [Read more...] about Who Decides? Policy, Discretion and Looming Judicial Review
On 1 September, both Houses of Parliament resumed sitting following the end of the summer recess. Their present term is short; it spans only until around 17 September due to party conference season. Yet it remains significant as it is the … [Read more...] about What is Before Parliament? A Look at Coming Legislation
When the UN adopted the Universal Declaration of Human Rights 1948, it originally planned to adopt a single treaty to implement the rights within it. However, political disagreements and other factors prompted the UN to instead create two … [Read more...] about Will Burnham’s Government Revolutionise ESC Rights in the UK?
Across the world, democracies face an increasing threat. Foreign interference, disinformation, AI, cyber attacks, the intimidation of politicians and threats to electoral integrity are causes of increasing concern. In the UK, a key response to these … [Read more...] about What is the UK’s Defending Democracy Taskforce?
Ouster clauses are provisions in legislation that seek to prevent judicial review of the exercise of public power. Since they insulate government action from being reviewed by the courts, ouster clauses reveal the tension between the principles of … [Read more...] about Ouster Clauses: Is There a Way Forward?
A treaty is an agreement between states, concluded in writing, which creates rights and obligations in international law. Treaty-making in the UK is predominantly an executive function, with only limited opportunity for scrutiny afforded to … [Read more...] about Parliamentary Scrutiny of Treaties: Time for Change?
Britain is in the thick of a 30-year reorganisation of the state – what Tony Blair began in the 1990s, Prime Minister Sir Keir Starmer is now looking to continue – and Artificial Intelligence is merely the latest machinery of constitutional … [Read more...] about The NHS, the Future and Data Privacy: Cause for Concern?
When the Representation of the People Bill 2026 enters committee stage in the House of Commons later this month, MPs will begin scrutinising one of the most significant pieces of legislation affecting UK elections for many years. This moment … [Read more...] about A New Government Bill: Elections May Never be the Same
Keir Starmer’s premiership is certainly struggling to sustain any forward momentum. One of the many accusations thrown at the Prime Minister relates to the multiple policy U-turns that he and his government have performed since coming to power in … [Read more...] about Government U-Turns: Feeble Politics or Valuable Pragmatism?
David Lammy, the Justice Secretary, recently proposed changes to the criminal justice system to reduce the use of juries in criminal trials. The proposals have elicited strong condemnation from a range of different parties. They seem to … [Read more...] about The End of Trial by Jury in the United Kingdom?
On 13 November the (relatively new) Home Secretary, Shabana Mahmood, announced the government’s intention to abolish Police and Crime Commissioners in England and Wales. The dramatic and unexpected announcement made some bold claims – that the PCC … [Read more...] about With PCCs abolished, who polices the police?
Introduction Eric Barendt, in his 2009 article Freedom of Expression in the United Kingdom under the Human Rights Act 1998, begins with a stark observation: “English law has traditionally taken little or no notice of freedom of speech.” I … [Read more...] about A Very Short History of Freedom of Speech
