Supreme Court justice warns against politicising judicial appointments

An outgoing Supreme Court justice has issued two "caveats" to "anyone" thinking of politicising judicial appointments to the UK's highest court – namely that the court deals with very few political cases and that observers often "get things wrong".

Published 13 March 2020

Scottish Legal Views: Elaine Motion on the historic prorogation litigation

"It is as if the prorogation order had never existed", Elaine Motion, chairman of Balfour and Manson, told SLN on the day the Inner House ruled in Cherry that Prime Minister Boris Johnson’s prorogation of Parliament was unlawful.

Published 25 February 2020

Lord Sumption: Judiciary stepped in to curtail Johnson’s ‘disgraceful constitutional abuse’

A former judge has said the Supreme Court moved the boundaries of the law because of a "particularly disgraceful constitutional abuse" by Prime Minister Boris Johnson.

Published 26 September 2019

Conor Gearty: Johnson’s behaviour made the Supreme Court case about the very existence of the rule of law

Conor Gearty, professor of human rights law at LSE Department of Law, offers his initial thoughts on the historic Miller/Cherry judgment.

Published 25 September 2019

Prime Minister Boris Johnson unlawfully prorogued Parliament, full bench of Supreme Court rules in historic judgment

Prime Minister Boris Johnson unlawfully prorogued Parliament, a full bench of the UK Supreme Court has unanimously ruled in a historic judgment.

Published 24 September 2019

Supreme Court finds against Boris Johnson on ‘fundamental constitutional principles’

The Supreme Court's judgment handed down today upholds that of the Inner House to the effect that the advice of the Prime Minister given to the Queen to prorogue Parliament was unlawful, but does so on different grounds "calling upon what it takes to be fundamental constitutional principles rather than the standard grounds of judicial review", a constitutional expert has told Scottish Legal News.

Published 24 September 2019

UK government may seek to prorogue Parliament again if it loses Brexit cases

The UK government has said it may seek to prorogue Parliament again if the Supreme Court rules against it in the ongoing Brexit cases.

Published 19 September 2019

Supreme Court to hear Brexit cases

The Supreme Court will begin hearing Brexit-related appeals from tomorrow.

Published 16 September 2019

Downing Street forced to back down after questioning impartiality of Scottish judiciary

Downing Street was yesterday forced to repudiate comments made by a Number 10 insider questioning the impartiality of Scotland's judiciary in the wake of the Inner House's judgment in Cherry.

Published 12 September 2019

Inner House’s ‘remarkable’ judgment on prorogation could have long-lasting constitutional implications

It is "as if the prorogation order had never existed" following this morning's judgment from the Inner House of the Court of Session in Cherry – a "remarkable" case that could have "lasting implications for our constitution, for the reviewability of major prerogative powers and for the courts themselves", legal experts have told Scottish Legal News.

Published 11 September 2019

Prorogation will establish ‘dangerous precedent’, legal academics warn

The planned five-week prorogation of Parliament will establish a "dangerous precedent" and undermine the "integrity" of the British constitution, a group of legal academics has warned.

Published 3 September 2019

Paul Craig: Prorogation – constitutional principle and law, fact and causation

Paul Craig, professor of English law at St John's College, Oxford and an authority on administrative and EU law, writes about important issues of constitutional principle and law raised by the prospect of prorogation as well as those concerning fact and causation.

Published 3 September 2019