The Work and Pensions Committee is conducting an inquiry on a highly important matter: how vulnerable welfare claimants are safeguarded by the Department of Work and Pensions (DWP), and whether changes ought to be made. In the course of this work, it has raised this important question: should the DWP be placed under a statutory duty for safeguarding vulnerable claimants? In posing this question, the Committee is contemplating joining in with a trend in contemporary public law: the proliferation of the concept of ‘vulnerability’. Much of the research on this trend has thus far focused on human ..read more

As it becomes clear the Labour Party is on course to win the next general election, greater attention is being paid to their intended programme for government. Despite the current leadership disowning policies from the 2017 and 2019 manifesto, the Labour Party remains committed to expropriation in a limited number of areas: renationalising the railways, publicly controlling aspects of energy, and reforming planning laws to obtain land for housing and prison building programmes. Moreover, considering the on-going water pollution crisis, the Labour Party have pledged to expand the power of ..read more

Constitutionalism Beyond the State and the Role of Domestic Constitutional Courts 30-31 May 2024, WZB Berlin Social Science Centre Almost fifty years have passed since the German Federal Constitutional Court rendered one of its most widely discussed and influential decisions: Solange I. On May 29, 1974, the Court famously held that it would review European Community law by the standards of German constitutional law as long as the Community had not received a catalogue of fundamental rights, which is adequate in comparison with the catalogue contained in the German Basic Law. It is not our ..read more

The Editorial Committee of Public Law invites Guest Editors to submit proposals for a themed set of ‘Analysis’ papers to be published in the April 2025 issue of the journal. This set of papers will follow publication—in April 2023—of the papers on ‘Government Outsourcing in the Modern Administrative State’ (curated by Joe Tomlinson (York) and Janina Boughey (UNSW)) and—in April 2024—of the collection on ‘Public Law and Vulnerability’ (brought together by Maria O’Sullivan (Deakin University) and Robert Thomas (University of Manchester). Themed ‘Analysis’ Sections One issue of Pub ..read more

How should the Centre of government (i.e., No 10 and the Cabinet Office) organise itself so that it is effective and ensures effective government more generally? A recent report, Power with Purpose (PWP), by the Commission for the Centre of Government under the auspices of the Institute for Government, reminds us of the difficulties of managing and deploying public power.  PWP seems, at first glance, a rather technocratic report. It recommends changes to the machinery of government—that is, structures, institutional processes and functions, rather than values or people. It expli ..read more

The myriad problems with the Safety of Rwanda (Asylum and Immigration) Bill, as well as the policy that the Bill is supposed to facilitate, have been clearly documented. One common criticism is that the Bill would precipitate a ‘constitutional crisis’ by provoking the courts into refusing to recognise its legal effect. Adam Tucker argues that the Bill’s most problematic sections could very well ‘count as a novel entry in our canon of possible limits of parliamentary sovereignty’. Jeff King argues that the House of Lords would be justified in radical ..read more

In November 2023, the Supreme Court of the UK dealt a critical blow to the government’s proposal to send certain asylum seekers to the Republic of Rwanda. In AAA and Others v the Home Secretary, the Court ruled that removal to Rwanda would be unlawful because that country was not, at the time, a ‘safe country’.  The government moved swiftly to address the concerns raised by this judgment, concluding a new treaty with Rwanda which seeks to render Rwanda ‘safe’ by establishing additional safeguards and guarantees. On 22 January 2024, in line with the recommenda ..read more

Joanna Cherry KC MP has suggested (here and in parliament), somewhat indirectly, that the nobile officium of the Court of Session might, insofar as it “exists to give remedies where there would otherwise be none”, be exercised to limit the effect of the provisions of the Safety of Rwanda (Asylum and Immigration) Bill 2023-24. Notably, she tabled an amendment to prevent the bill from affecting the power of the Court of Session as set out in Article XIX of the Treaty of Union, which preserves the authority and privileges of the Court of Session, including its inherent supervisory jurisdiction a ..read more

This is a call for women to be involved in the creation of a Women in UK Public Law Group, which will be an inclusive and intersectional network to facilitate mutual support among women in the field of UK public law. We are open to researchers and practitioners (including NGOs, the public sector and beyond) at any stage of their careers. The group will work to bring together women working in this field, to provide academic support and mentorship, co-review, and organise  ..read more

On the fourth of February, Nationalists and Unionists agreed to form a new government in Northern Ireland. For five of the seven years since 2017 Northern Ireland has been governed without ministers. Without political decision-makers, civil servants could only work within the lines of existing policy. This had stark consequences for people in Northern Ireland.  On the fifth of February, Prime Minister Rishi Sunak urged the Northern Ireland executive to focus on “day-to-day things that matter to people” rather than on constitutional questions. On the eighth of February the S ..read more