Did the UK Supreme Court enforce a constitutional convention in Miller (No 2)? Most writers say no. I say yes. Miller (No 2) I won’t go through the case in detail. For my purposes three points matter. First, the UKSC says that there is a constitutional ‘principle of Parliamentary accountability’. It gives three examples of ministerial […]
Almost every constitution in the world confers a power to pardon. Pardon powers are found in the constitutions of old states and new states, Western states and non-Western states, states with a Christian tradition and states without one. Pardon powers are part of the constitutions of states as diverse as France, Indonesia, Peru, Russia, the United […]
I’ve been lecturing lately on constitutional conventions, one of my favourite topics in the constitutional law course. A couple of weeks ago I sketched what I think is a new argument for why conventions aren’t laws. I’m reasonably confident of the argument, but far from certain, so I thought I’d share it more widely. If […]
I’ve been working on a series of papers about mercy. My latest is a discussion of when the government acts mercifully, if indeed it ever does. Here’s the abstract: A pardon is an act of mercy according to the law, but is a pardon mercy in an ordinary or genuine sense? What distinguishes a pardon […]
If one is allowed to have a favourite prerogative power, the prerogative of mercy is mine. The prerogative of mercy’s only uses are to lift punishment and to lessen suffering. Who could object to that? Yet this “most amiable prerogative” is often under attack.
Nick Barber has an article titled ‘Why Entrench?’ coming out in the International Journal of Constitutional Law (available on SSRN). Among other things, the article is about the kinds of entrenchment there are, the reasons there are for entrenchment, and how the two match up. I really like the piece: it’s clear and persuasive, with […]
Three of my favourite topics are statutory interpretation, Prince Charles, and Canadian electoral politics. I never thought these topics were all that closely related. Happily, I was wrong.