Are we headed for a constitutional crisis?
Public Law for Everyone | Constitutional Law Blog
by Mark Elliott
3M ago
The following article was first published by The Telegraph. Could the Supreme Court really strike down the Rwanda Bill? Former Attorney General Sir Geoffrey Cox appears to think so. In a letter to the Telegraph written with other senior barristers, he urges support for the Government’s Safety of Rwanda Bill as currently drafted, arguing that ..read more
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Could the Supreme Court reject the Rwanda Bill as unconstitutional?
Public Law for Everyone | Constitutional Law Blog
by Mark Elliott
3M ago
In an earlier post, I noted that the doctrine of parliamentary sovereignty, at least as traditionally understood, would prevent a UK court, such as the Supreme Court, from simply refusing to apply the Rwanda Bill as unconstitutional. I also noted, however, that some senior judges have questioned the orthodox view that parliamentary sovereignty admits of ..read more
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The Rwanda Bill and its constitutional implications
Public Law for Everyone | Constitutional Law Blog
by Mark Elliott
4M ago
The Safety of Rwanda (Asylum and Immigration) Bill has been published with much fanfare, following the conclusion a treaty between the UK and Rwanda that provides for some asylum-seekers to be removed to Rwanda. Importantly, the ‘Rwanda policy’ would not involve such asylum-seekers being held in Rwanda while their claims are determined by the UK ..read more
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Was Boris Johnson undemocratically removed from Parliament?
Public Law for Everyone | Constitutional Law Blog
by Mark Elliott
10M ago
On 9 June 2023, Boris Johnson announced that he was resigning as an MP. He did so having been sent a draft of a report in which the House of Commons Committee of Privileges concluded that Johnson had deliberately misled the House and the Committee in relation to the so-called Partygate affair. Had Johnson not ..read more
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Legal opinion on the Privileges Committee’s ‘Partygate’ inquiry: Some comments
Public Law for Everyone | Constitutional Law Blog
by Mark Elliott
1y ago
As is well known, the Committee of Privileges is currently holding an inquiry into whether the Prime Minister committed a contempt of Parliament when addressing the House of Commons in relation to matters concerning ‘Partygate’. To a report published on 21 July, the Committee appended a memorandum from its legal adviser, Sir Ernest Ryder, concerning ..read more
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Boris Johnson’s resignation: Did the constitution work?
Public Law for Everyone | Constitutional Law Blog
by Mark Elliott
1y ago
Until indications emerged this morning that Boris Johnson accepted what everyone else had known for some time — namely, that his position as leader of the Conservative Party and Prime Minister had become untenable — there was a good deal of talk about a ‘constitutional crisis’. But was there really such a crisis? And, relatedly ..read more
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1,000 words: The Bill of Rights
Public Law for Everyone | Constitutional Law Blog
by Mark Elliott
1y ago
The British Government has announced its intention to repeal the Human Rights Act 1998 and replace it with a new Bill of Rights. What will this mean for human rights protection in the UK? Some things are not changing. The UK will remain part of the European Convention on Human Rights. This has nothing to ..read more
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The UK’s (new) Bill of Rights
Public Law for Everyone | Constitutional Law Blog
by Mark Elliott
1y ago
When the Human Rights Act 1998 (HRA) was introduced 25 years ago, it was accompanied by a White Paper that proclaimed the Act would ‘bring rights home’ by enabling the enforcement in UK courts of a suite of rights — set out in the European Convention on Human Rights (ECHR) — that were at least ..read more
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On Lord Geidt’s resignation and its constitutional significance
Public Law for Everyone | Constitutional Law Blog
by Mark Elliott
1y ago
Less than three years into his premiership, Boris Johnson will (presumably) soon be appointing his third Independent Adviser on Ministers’ Interests. Today, the most recent incumbent, Lord Geidt, resigned. In a resignation statement that was Delphic and succinct in equal measure, he said: ‘With regret, I feel that it is right that I am resigning ..read more
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The Northern Ireland Protocol Bill
Public Law for Everyone | Constitutional Law Blog
by Mark Elliott
1y ago
Interviewed on LBC, Boris Johnson said that his Government was proposing to legislate in order to make ‘trivial’ changes to the Northern Ireland Protocol. In this post, I will explain what the planned legislation will do, why the changes are not ‘trivial’, why it is, in fact, legally impossible for the UK to make unilateral ..read more
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