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ukconstitutionallaw.org
In an essay published in Elliott, Varuhas and Wilson Stark (eds), The Unity of Public Law? Doctrinal, Theoretical and Comparative Perspectives, we examined Lord Neuberger's use of constitutional principle-based reasoning in R (Evans) v Attorney General. In that decision, Lord Neuberger - with whom Lords Kerr and Reed were in agreement - employed the pan-jurisdictional... |
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ukconstitutionallaw.org
Parliamentary sovereignty has traditionally been understood to mean that Parliament is free to enact legislation on any area of law that it chooses, and that Acts of the U.K. Parliament take precedence over subordinate legislation, regulation, or common law rule. Understood this way, parliamentary sovereignty is a constitutional principle that is couched explicitly in legal... |
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ukconstitutionallaw.org
Introduction The best Constitution in the world has, through its highest court, over-reached in two fundamental ways: it has founded its constitutional thought on a slipping meaning of 'Parliament' - its most important constitutional word. And it has failed to understand history. By this second claim, I do not mean that the history it has... |
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ukconstitutionallaw.org
In For Women Scotland v The Scottish Ministers the UK Supreme Court rejected the contention that possession of a Gender Recognition Certificate changes an individual's sex for the purposes of the Equality Act 2010, maintaining equality of status for all those protected under the characteristic of gender reassignment and ensuring that biological women are protected... |
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