In progress
‘The Track Record Argument for Epistemic Preemption‘
… sets out a new objection to the claim that a non-expert has a preemptive reason to hold the same view as an expert.
‘Abductive Principles of the British Constitution‘
… argues that a principle is part of the British constitution when it figures in the best explanation for constitutional rules and practices.
‘Appeal vs Judicial Review: Myths and Surprises’
… argues that the grounds of judicial review are as extensive as the grounds of appeal in ordinary civil cases.
Forthcoming
‘Judicial Review: Substance and Procedure’, Modern Law Review, forthcoming (with A. Ryu)
… proposes new theories of the scope of the grounds of review and the judicial review procedure.
Book
The Conventional Constitution (Oxford University Press 2025)
… monograph about constitutional conventions in the United Kingdom.
Articles
‘Wednesbury Unreasonableness’, Cambridge Law Journal, 2023, vol 82, 483-508
… proposes a new account of Wednesbury unreasonableness.
‘According to Law’, Analysis, 2023, vol 83, 717-722
… objects to the standard perspectival account of the semantics of legal claims.
‘Precedent and Fairness’, Legal Theory, 2023, vol 29, 185-201
… explains why fairness favours following precedent.
‘Plainly Wrong’, Modern Law Review, 2023, vol 86, no 1, pp 122-143
… proposes an account of when an appellate court is entitled to reject a trial judge’s finding of fact.
‘Pardons’, Oxford Studies in Political Philosophy, 2021, vol 8, pp. 215-244
… defends unconstrained pardon powers.
‘Law’s Boundaries’, Legal Theory, 2020, vol 26, pp. 103-123
… distinguishes legal norms from non-legal norms that courts have a duty to apply.
‘Enforcing Constitutional Conventions’, International Journal of Constitutional Law, 2020, vol. 17, pp. 1146-1165 (with F. Ahmed and R. Albert)
… suggests that courts should enforce constitutional conventions that shift power from unaccountable political actors to accountable ones.
‘Judging Constitutional Conventions’, International Journal of Constitutional Law, 2019, vol. 17, pp. 787-806 (with F. Ahmed and R. Albert)
… categorizes the ways that courts in India, England, and Canada engage with constitutional conventions.
‘Strained Interpretations’, Oxford Journal of Legal Studies, 2019, vol. 39, pp. 316-343
… draws on Bayes’ Rule to explain when courts are justified in adopting a strained interpretation of a statute.
‘Mercy’, Philosophy & Public Affairs, 2018, vol. 46, pp. 60-89
… proposes an analysis of merciful acts.
‘Top-Down Constitutional Conventions’, Modern Law Review, 2018, vol. 81, pp. 765-789 (with A. Tucker)
… shows that constitutional conventions can be imposed from the top down through the exercise of a normative power.
‘Standing and Civic Virtue’, Law Quarterly Review, 2018, vol. 134, pp. 239-256 (with F. Ahmed)
… explains standing rules in terms of civic virtue.
‘Mercy and Caprice Under the Indian Constitution’, Indian Law Review, 2017, vol. 1, pp. 1-13
… defends a conservative approach to judicial review of pardon decisions.
‘The Flexibility Rule in Administrative Law’, Cambridge Law Journal, 2017, vol. 76, pp. 375-398
… justifies the flexibility rule and argues that it should apply to non-statutory powers.
‘Constitutional Statutes’, Oxford Journal of Legal Studies, 2017, vol. 37, pp. 461-481 (with F. Ahmed)
… proposes an account of the nature and legal significance of constitutional statutes.
‘The Crown’s Administrative Powers’, Law Quarterly Review, 2015, vol. 131, pp. 652-672
… sets out a new account of the Crown’s non-statutory and non-prerogative powers.
‘The Internal Aspect of Social Rules’, Oxford Journal of Legal Studies, 2015, vol. 35, pp. 283-300
… explains the attitudinal component of social rules.
‘The Quasi-Entrenchment of Constitutional Statutes’, Cambridge Law Journal, 2014, vol. 73, pp. 514-535 (with F. Ahmed)
… argues that constitutional statutes can be repealed by implication.
‘The Coherence of the Doctrine of Legitimate Expectations’, Cambridge Law Journal, 2014, vol. 73, pp. 61-85 (with F. Ahmed)
… proposes a rule-based unification of the grounds of legitimate expectations.
‘Expertise, Deference, and Giving Reasons’, Public Law, 2012, vol. 2, pp. 221-230 (with F. Ahmed)
… argues that reasons for administrative decisions can lead to more authoritative judicial decisions.
‘Unlucky Section 13: Sexual Activity Between Children and the Sexual Offences Act 2003’, King’s Law Journal, 2009, vol. 21, pp. 327-339
Chapters, Notes, and Reviews
‘R (Evans) v Attorney General‘ in L. Graham (ed), The Supreme Court at 15: Reflections on Public Law Cases (Routledge 2025)
… assesses the role of the principle of legality in a leading case.
‘Consistency in Administrative Law’ in H. Kristjansson, S. Lewis, and T. Endicott (eds), Philosophical Foundations of Precedent (OUP 2023)
… argues that administrators should be required to treat like cases alike except in special circumstances.
‘Interpretive Theory in Public Law’ in P. Daly and J. Tomlinson (eds), Researching Public Law in Common Law Systems (Edward Elgar 2023) (with F. Ahmed)
… assesses interpretive and rational reconstruction theories in public law.
‘Mercy and the Roles of Judges’ in J. Jacobs and J. Jackson (eds), Routledge Handbook of Criminal Justice Ethics (Routledge 2016) 255-266
… discusses the difficulties of accommodating mercy within the judicial role.
‘Constitutional Conventions and the Prince of Wales’, Modern Law Review, 2013, vol. 76(6), pp. 1119-1128
… summarises and criticises the most important recent case on constitutional conventions.
‘Review: Parliamentary Democracy in Crisis’, University of British Columbia Law Review, 2010, vol. 43, pp. 269-279
ADAM PERRY 