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About
Jo Murkens is Professor of Law at the London School of Economics and Political Science. He studied English and European Law in London and Copenhagen, and completed his doctorate at the European University Institute in Florence. His research and teaching focus on public law and constitutional theory, with an emphasis on judicial authority, democratic accountability, and constitutional legitimacy.
At LSE he convenes courses in Public Law and Comparative Constitutional Law, and has served in a range of departmental and School roles, including Director of the LLM Programme. Before joining LSE, he taught public law at Queen Mary University of London, King’s College London, and University College London, and worked as a researcher on constitutional issues at the Constitution Unit.
He has held visiting positions in Europe, Asia, and South America, and previously served as Co-Chair of the British-Irish Chapter of ICON-S. He also serves on the editorial committee of Public Law and participates in academic networks concerned with constitutional law and theory. His work has been cited in parliamentary inquiries, and he has provided expert evidence on constitutional matters in the UK and abroad.
Research
Research Interests
- Constitutional and Administrative Law
- Constitutional theory and history
- Comparative constitutional law
- Judicial legitimacy
- Democracy
Publications
Public Law – Text, Cases and Materials, 5th ed (Oxford University Press, 2023) (with A. Le Sueur and M. Sunkin)
This leading text provides students with a thorough and wide-ranging knowledge of public law, together with a full understanding of the theoretical and political debates in this fascinating and dynamic area of law. The inclusion of extracts from key cases, government reports and academic articles demonstrates the law in action and the incisive commentary that accompanies them explains the significance of each. The expert authors have distilled their knowledge of the institutions and legal principles into concise, focused prose, and they encourage reflection through regular questions and hypothetical examples.
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The Brexit Challenge for Ireland and the United Kingdom: Constitutions Under Pressure (Cambridge University Press, 2021) (co-edited with Oran Doyle and Aileen McHarg)
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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.
- 'A Written Constitution: a case not made' Oxford Journal of Legal Studies (2021) 41 (4) Oxford Journal of Legal Studies 965-986
- 'Preservative or Transformative? Theorizing the U.K. Constitution Using Comparative Method' The American Journal of Comparative Law (2020) 68 (2) pp.412-440
- 'Judicious Review: The Constitutional Practice of the UK Supreme Court' (2018) Cambridge Law Journal 77 (2) pp.349-374
- 'The UK ’s Reluctant Relationship with the EU: Integration, Equivocation, or Disintegration?' In R. Schuetze and S. Tierney, United Kingdom and the Federal Idea (Hart 2018)
- 'Democracy as the legitimating condition in the UK Constitution' (2018) 38 (1) Legal Studies pp.42-58
- 'Mixed Messages in Bottles: the European Union, devolution, and the future of the constitution' (2017) 80 (4) Modern Law Review pp.685-696
- '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
- '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
- 'The Quest for Constitutionalism in Public Law Discourse' (2009) 29 (3) Oxford Journal of Legal Studies 1-29
Teaching
Engagement and impact
External Activities
- Subject convener for Public Law, University of London, International Programme
- Editorial Board Member for Public Law (journal)
Public Engagement
- Murkens, Jo Eric Khushal (2017) LSE Law Brexit special #2: the constitutional context to triggering Article 50 TEU LSE Law Policy Briefing Series, 21/2017. LSE Law, London, UK.
- (2016) The implications of Brexit for fundamental rights protection in the UK: report of the hearing held on 25th February 2016 Murkens, Jo Eric Khushal and Trotter, Sarah, eds The London School of Economics and Political Science, European Institute, London, UK.
- Murkens, Jo and Masterman, Roger (2014) The new constitutional role of the judiciary LSE Law Policy Briefing Series, 2. The London School of Economics and Political Science, London.