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Bradley W. Miller: Assisted Suicide and Judicial Review
What considerations can justify a court overturning a recent constitutional precedent? This constitutional perennial is once again in the foreground as a Canadian court is asked to revisit a 1993...
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Christopher McCrudden: Slavery and the constitutional role of judges
How far should judges “update” our legal concepts, or should they root their interpretation in the historical understanding of the concept, leaving updating to the legislature? In the United States,...
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Ruiyi Li: Case-law adopted by China?
On the 26th of November 2011, the Supreme People’s Court of China (SPCC) announced the first set of ‘guiding cases’: two civil law cases and two criminal cases. This marks the establishment of the...
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Robert Craig: The Fall-out from Evans: Positioning Roszkowski and Privacy...
Two recent Court of Appeal decisions raise some interesting constitutional questions about the status of Tribunals in the UK legal system. This post (in two parts) seeks to explore some of the...
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Kate Ollerenshaw: Retained EU Case Law: A Fourth Option
The Ministry of Justice issued a consultation paper on Retained EU Case Law on 2 July 2020, seeking views on the exercise of the powers contained within Section 6(5A) of the European Union...
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David Feldman: Departing from Retained EU Case law
The Issue Following the end of the UK’s transition period for withdrawing from the EU, the status of earlier case law on retained EU law is somewhat complicated. Section 6(3) and (4)(a) and (b) of...
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