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What is World Press Freedom Day?
The 3rd of May was proclaimed “World Press Freedom Day” by the UN General Assembly in 1993. The Day raises awareness about the importance of independent media, threats to media freedom, and presents an opportunity for States to reflect on and recommit to protecting…
There has been much speculation in recent months as to whether Article 50 TEU, the treaty provision that regulates the exit of a Member State from the European Union, would allow the UK to revoke its notification of withdrawal from the EU. However, the decision as to how to interpret…
In January, I was invited to the Court of Session by solicitors from the NHS Central Legal Office to watch three different legal cases. One of these cases involved two patients in psychiatric hospitals challenging smoking bans as breaches of their human rights. Afterwards, I wrote an article on this…
This blog was first published by Scottish Legal News, and the original can be viewed here
Dr Robert Brett Taylor and Dr Adelyn L M Wilson summarise a judicial review case, currently at avizandum, challenging the lawfulness of a decision to allow administration of abortion medication in the pregnant woman’s home.
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The High Court ordered the Government to publish its strategy against air pollution on the 9th of May. European Union Law obliges the UK to develop and publish a plan to reduce nitrogen dioxide levels in the air to an acceptable level. For quite a while now, the development and…
This post is an expanded version of his note that appeared in the Press & Journal on Friday 4 November 2016.
Following the decision of 52% of the UK electorate to exit the European Union (EU) on 23 June 2016, Prime Minister Theresa May has been steadfast in her belief…
The High Court decision in Miller (the ‘Brexit case’) was essentially a public law case. The judgment (PDF) addresses the question of whether the royal prerogative can be exercised to repeal vested statutory rights. As is well known, the Court found in the negative. In the Court’s view, therefore, notice…
The justifiability of constitutional judicial review is one of the perplexing questions of constitutional theory. Every generation of constitutional lawyers has struggled with the issue without being able to provide knock-down arguments that would have settled the controversy. In the UK, the adversaries of the two positions are (for…
In my previous blog post I argued:
Parliament is sovereign and only an Act of Parliament can repeal an existing Act of Parliament. The UK entered the European Union by the passing of the European Communities Act 1972. To trigger an Article 50 of the TEU withdrawal from the European…
The use of the prerogative power to invoke Article 50 of the TEU has been much discussed since the Brexit vote on 23 June 2016 (including this initial post on the matter and a follow-up post). The present author believes that only an Act of Parliament can be used to…
