Public Law – Text, Cases and Materials, (with A. Le Sueur and
M. Sunkin), 3nd ed, Oxford University Press, 2016
The
authors, leading academics in the field, provide students with a
thought-provoking and detailed analysis of the core issues
relevant to students studying public law setting them in their
political context. Each chapter provides a clear textual account
of the topics covered. The text is supported by an excellent
range of extracts from a wide range of sources, such as academic
writing and reports of parliamentary committees, as well as
extracts from leading judgments.
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From Empire to Union: Conceptions of German Constitutional Law
since 1871, OUP (2013)
This
book examines the modern development of German constitutional
thought by tracing the key public law concepts of state,
constitution, sovereignty, and democracy from their modern emergence
in the 19th century through to the present day. It analyses the
constitutional relationship between Germany and the EU from a
sociological and historical perspective, looking at how German
constitutional law has conflicted and compromised with EU law, and
the difficulties this has raised.
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Scottish Independence: A Practical Guide (with P. Jones and
M. Keating), Edinburgh University Press, 2002
How might Scotland achieve independence? And what would be the consequences, for
Scotland and the rest of the UK? Independence is ever-present on the Scottish
political agenda. This book is the first serious study of the likely road to
independence, and the consequences for the Scottish people and the Scottish
economy. Scottish Independence starts with a detailed guide to the stages along
the route to independence and goes on to analyse the legal, political and
economic consequences. It asks key questions: *If Scots vote for an SNP
government in Edinburgh, how will that government deliver its manifesto promise
of achieving independence in Scotland? *If the Scots attain independence, what
will change? What will Scotland's place be in the world? Can Scotland remain in
the EU? *What are the economics of independence? Would there be a flight of
capital and a stock-market fall? How much economic freedom would an independent
Scotland have? *How much would change in the daily lives of Scots as a result of
independence? How much autonomy would Scotland have as a small independent state
in Europe? Scottish Independence will have an impact on public policy and on
academic thinking, and is of key interest to politicians, civil servants,
academics, journalists and anyone interested in Scotland's future.
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(with Roger Masterman)
'The New Constitutional Role of the Judiciary' LSE Law: Policy Briefing Papers
2/2014
Over the last few decades, the United Kingdom has experienced a profound – if quiet – constitutional transformation. But these developments have hardly been appreciated within broader public debates, which remain rooted in/anchored to notions of parliamentary sovereignty. In this paper, we describe the broad contours of constitutional change in the UK over the last decades. We also ask the question, what can and should courts do when faced with ‘unconstitutional’ legislation? We present the case for the development of a modest range of new constitutional review powers for the courts in the coming years.
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‘Unintended Democracy: Parliamentary Reform in the UK’, in Kelly L Grotke and
Markus J Prutsch (eds) Constitutionalism, Legitimacy, and Power:
Nineteenth-Century Experiences (OUP 2014)
'Skirting supremacy and subordination: the constitutional authority of the
United Kingdom Supreme Court' (with Roger Masterman) Public Law (2013)
October pp.800-820
Assesses the constitutional authority of the Supreme Court
compared with that of the Appellate Committee of the House of Lords and other
constitutional or apex courts in Europe. Examines the relationship of the UK
courts with Parliament through history, and considers the significance of the
physical separation of the Supreme Court from the Palace of Westminster.
Discusses the nature and competences of the court, including its constitutional
competences.
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'The European Union Act 2011: A Failed Statute' LSE Law, Society and Economy
Working Paper Series (WPS 3/2013)
If there was one area in which the two coalition parties needed
to produce a workable agreement as a matter of priority after the May 2010
election, it was the European Union. The European Union Act (EUA) 2011 builds on
a political guarantee in the coalition agreement that there will be no transfers
of sovereign powers until the next election (in 2015). That undertaking was
intended to pacify the Europhobic wing of the Conservative party that had
demanded but failed to get a national referendum on the hated Lisbon Treaty. As
a result, the EUA contains all sorts of compromises: it delivers a referendum
requirement, but not on the Lisbon Treaty; it affirms that the source of the
validity of EU law is a domestic statute, but without mentioning the sovereignty
of Parliament; it introduces constitutional safeguards, but without entrenching
them against repeal by a future Parliament. Unfortunately, the EUA does not
reflect the politics of compromise in a consensus democracy: it reflects dissent
between the governing parties and within the Conservative party and, in most
respects, is a compromised and failed statute.
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‘The European Union Act 2011: A Failed Statute’ (2012) 3(4) Tijdschrift voor
Constitutioneel Recht 396-408.
'"We want our identity back" - the revival of national sovereignty in the German
Federal Constitutional Court's decision on the Lisbon Treaty.' Public Law,
2010 July pp.530-550
'Countering Anti-constitutional Argument: The Reasons for the European Court of
Justice’s Decision in Kadi and Al Barakaat' (2009) 11 Cambridge Yearbook of
European Legal Studies 15-52
This contribution examines the recent decision by the European
Court of Justice in Kadi and Al Barakaat International Foundation. It is
a response to criticism that the ECJ’s judgement, in providing for the review of
EC measures implementing UN Security Council resolutions, undermines the
authority of public international law. Instead of committing itself to
international law and institutions at all cost, the ECJ concerns itself with the
constitutional repercussions from national constitutional courts (in the case of
failure to protect fundamental rights). Important as the relationship between EC
law and international law is, there is a clear sense that the ECJ is responsible
to, and will ultimately be held to account by, the courts and constitutions of
the Member States of the European Union.
'The Quest for Constitutionalism in Public Law Discourse,' (2009) 29 (3)
Oxford Journal of Legal Studies 1-29.
At first sight constitutionalism appears to be a key concept in
public law discourse in the United Kingdom. It appears in all the major academic
discussions from the rule of law and judicial review to the ‘new constitutional
settlement’ and in relation to constitutional culture. And yet attempts to
define the scope, meaning and role of constitutionalism remain vague. This
article discusses the different fields in which constitutionalism is discussed
and the different meanings that are attributed to the concept. It shows that
constitutionalism is routinely conflated by public law scholars with other
constitutional values and principles, like the rule of law or separation of
powers. This article argues that constitutionalism should either be conceived as
distinct from those concepts or, failing that, can safely be eliminated from
public law discourse. The article concludes by asking whether a nuanced and
normative discussion of constitutionalism could have any meaningful application
in the United Kingdom constitution.
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