Public Law and the UK Supreme Court by Graham, Lewis; Russell, Jenny;

Short description:

This volume brings together expert commentators across different fields of Public Law to comment on a key decision by the UK Supreme Court (UKSC). Each author explores their case’s content, as well as its implications for public law as a field and the Supreme Court as an institution.

Long description:

This volume brings together expert commentators across different fields of public law to comment on key decisions by the UK Supreme Court (UKSC).

Each author explores their case’s content, as well as its broader implications for public law as a field and the Supreme Court as an institution. The work is divided into the following areas: constitutional law, administrative law and judicial review, human rights, and criminal law and criminal justice. Providing expert commentary on recent authorities of the highest level in one place, the collection will enable readers interested in these areas to conveniently locate analysis that will aid them in their work. Taken together, the contributions enable identification of persistent themes within subject areas.

As such, it will be an invaluable resource for academics, researchers, practitioners, judges, and policymakers.

Table of Contents:

Part I: Constitutional Law  1. R (Cart) v Upper Tribunal [2011] UKSC 18 Reports of the Death of Cart are Greatly Exaggerated  2. AXA v Lord Advocate [2011] UKSC 46 AXA and the two roads of devolution  3. R (Chester) v Secretary of State for Justice [2013] UKSC 63 Haunted by Obiter Dicta  4. R (HS2 Action Alliance Ltd) v Secretary of State for Transport [2014] UKSC 3 How a Failed Railway Line Became a Hallmark of the UK’s Contemporary Constitutional Identity  5. R (Evans) v Attorney General [2015] UKSC 21 Evans and the Surprising Strength of the Principle of Legality  6. R v Jogee [2016] UKSC 8 Jogee and the Mechanics of Criminal Law Development  7. R (Miller) v Secretary of State for Exiting the European Union [2017] UKSC 5 Prerogative, Law and Value  8. R (Bancoult) v Secretary of State for Foreign and Commonwealth Affairs (No 2) [2016] UKSC 35 The Colonial Constitution in the Supreme Court  9. Privacy International v Investigatory Powers Tribunal [2019] UKSC 22 What Public Lawyers Shouldn’t Overlook about Privacy International   10. R (Miller) v Prime Minister [2019] UKSC 41 Law, politics and the constitution  11. R (Begum) v Secretary of State for the Home Department [2021] UKSC 7 Executive-Mindedness as Outdated Constitutionalism in the Shamima Begum Case  12. The United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Bill Reference [2021] UKSC 42  Drawing the Line: Sovereignty and Devolution  13. Pwr v DPP [2022] UKSC 2 Generational Shift? Counter-Terrorism Responses before the UK Supreme Court  14. Re Allister’s Application for Judicial Review [2023] UKSC 5 The Importance of Constitutional Wisdom  15. R (AAA (Syria)) v Secretary of State for the Home Department [2023] UKSC 42 The Strong Gravitational Force of AAA  Part II: Administrative Law  16. R (Moseley) v London Borough of Haringey [2014] UKSC 56 Moseley, Consultations, and the Age of Austerity  17. Mandalia v Secretary of State for the Home Department [2015] UKSC 59 Administrative policies and the principle of consistency  18. R (Keyu) v Secretary of State for Foreign and Commonwealth Affairs [2015] UKSC 69  Keyu’s Case and the Standards of Substantive Review  19. R (Public Law Project) v Lord Chancellor [2016] UKSC 39 Henry VIII powers and The Public Law Project case: Divorced, beheaded, died?  20. R (UNISON) v Lord Chancellor [2017] UKSC 51 UNISON and the role of the Supreme Court  21. R (A) v Secretary of State for the Home Department [2021] UKSC 37 and BF (Eritrea) v Secretary of State for the Home Department [2021] UKSC 38 Judicial Review of Policies: A Devotion to Legalism? 22. R (O) v Secretary of State for the Home Department [2022] UKSC 3 and R (Coughlan) v Minister for the Cabinet Office [2022] UKSC 11 A Fall from Grace: Common Law Constitutional Rights in O and Coughlan  Part III: Human Rights Law  23. R v Horncastle [2009] UKSC 14 A watershed in Human Rights Act jurisprudence?  24. Smith v Ministry of Defence [2013] UKSC 41 Judgecraft and Lawfare: The Supreme Court in Smith and Al-Waheed  25. P v Cheshire West and Chester Council [2014] UKSC 19 Deprivations of Liberty after Cheshire West: Of Gilded Cages and Chaos  26. R (Nicklinson) v Ministry of Justice [2014] UKSC 38 The difficulty with discretion  27. Re Northern Ireland Human Rights Commission [2018] UKSC 27 Dialogue on display: the jurisprudential, legislative and political implications of the Supreme Court’s judgment on Northern Ireland’s abortion law  28. R (Steinfeld and Keidan) v Secretary of State for International Development [2018] UKSC 32 Respect, ambits and the (ir)relevance of time  29. R (Hallam) v Secretary of State for Justice [2019] UKSC 2 The UKSC’s growing confidence to form its ‘own view’ on Convention rights  30. Ziegler v DPP [2021] UKSC 23 You wait for ages then two come along at once: An Analysis of Ziegler   31. R (SC) v Secretary of State for Work and Pensions [2021] UKSC 26 Not taking social security law seriously?  32. R (Elan-Cane) v Secretary of State for the Home Department [2021] UKSC 56  Bourgs Apart  33. Re Dalton’s Application for Judicial Review [2023] UKSC 36 The Dalton case and Article 2 of the ECHR  Part IV: Conclusion  34. Reflecting Upon Key UK Supreme Court Cases in Public Law