Stoke Newington Chambers

Posts Tagged ‘Constitution’

Written Constitutions & Post Office Privatisation

Posted on: April 23rd, 2012 | in Miscellany, Public law, Supreme Court of the United States

Carl Gardner recently blogged about “Written constitutions, a warning from America” and noted his bemusement that the Patient Protection and Affordable Care Act could be “struck down” by the Judicial Branch as being “unconstitutional” – particularly when Barack Obama had made health care reform a fundamental plank of his election manifesto. My response to Carl… { Read More }

The Convention Belongs To You

Posted on: May 10th, 2010 | in Public law

This video is an easy Monday morning way of thinking about and remembering the European Convention on Human Rights (ECHR)

Hung Parliaments & Queen Activation

Posted on: May 9th, 2010 | in Public law

Conservatives win more seats than any of the other Parties, but don’t have a majority. Have you turned to the unwritten section of the British Constitution to see what happens next? Confused? Professor Peter Hennessey explains hung Parliament procedure here and the BBC has a very helpful graphic here. The draft Cabinet Office guidance Professor… { Read More }

The Case for a UK Bill of Rights?

Posted on: April 5th, 2010 | in Criminal law, Public law
The Case for a UK Bill of Rights?

I am usually the first one to defend the UK’s unwritten Constitution. Then I read stories like the following and wonder if it really will take a single, codified document for the Executive to get the message. “Police are removing valuables from unlocked cars to shock motorists into being more careful. Officers are taking everything… { Read More }

Scrap the HRA for a British Bill of Rights?

Posted on: April 4th, 2010 | in Public law

If you’re a Public law student who’s going to be in London on 20 April, I highly recommend getting a ticket to the Times/Matrix Chambers debate: “This House believes that the Human Rights Act should be scrapped and replaced by a British Bill of Rights” Student tickets are available – but you’ll have to get… { Read More }

Constitutional Law for the Perplexed: Equal Protection and Marriage

Posted on: February 27th, 2010 | in Public law, Supreme Court of the United States

I like to deal with common misunderstandings on Day One of Public law, and, being a bit of a pedant, I like to clarify that the UK is a constitutional monarchy and the US is not a “democracy”: It’s a constitutional republic. Democracies, as far as I’m concerned, are mob rule. The United States’ Declaration… { Read More }

US Constitution: Originalism v Stare decisis

Posted on: December 30th, 2009 | in Public law, Supreme Court of the United States

As an Anglo-American lecturer in English Criminal and Public (constitutional and administrative) law, I am bemused by the myriad of approaches to US Constitutional interpretation. So here’s a question: Is Miranda v Arizona “unconstitutional”?  How do you approach the Sixth Amendment right “to have the assistance of counsel”? The Sixth Amendment states: “In all criminal… { Read More }