16 October 2019
Parliamentary Sovereignty and The Locus of Constituent Power in the United Kingdom
Alan Greene, Birmingham Law School
This paper argues that parliamentary sovereignty’s assimilation of constituent power — the ultimate power in a legal order to create and posit a constitution — has stultified the development of British constitutional law. The result is a deeply ideological, as distinct from oft-heralded pragmatic, constitutional structure that is incapable of confronting the systemic challenges the UK currently faces.
13 November 2019
Coming Of Age: The Human Rights Act At 21
Prof Conor Gearty, London School of Economics
The Human Rights Act received Royal Assent on 9 November 1998. In the week of its 21st birthday, how has it fared? Well it is still alive, having faced a difficult childhood and a near fatal adolescence. What trends can we detect in how the legislation is being interpreted by the courts? And what difference, if any, is it making to ‘real life’?
27 November 2019
‘Privacy International and Judicial Authority: are courts guardians of the law, or of the rule of law?’
Professor Alison Young, University of Cambridge
In R (Privacy International) v Investigatory Powers Tribunal ( UKSC 22), the Supreme Court ‘reinterpreted’ an ouster clause. The clause in question stated that decisions of the Investigatory Powers Tribunal, including decisions as to whether it had jurisdiction, could not be questioned by the courts.
4 December 2019
Exploring constitutionalism and counter-costitutionalism in the system of the ECHR: The constitutionalist attitude of the ECtHR and its backlash
Prof Maurizio Arcari, University of Milano-Bicocca
The European Court of Human Rights (ECtHR) in its case law has contributed to the identification of the core concepts and values laying behind the legal system of the European Convention of Human Rights, thereby enhancing an incremental process of constitutionalization of this same system. However, the constitutional approach pursued by the ECtHR may ignite as side-effect a counter-constitutionalism discourse at the domestic level.