Category: Uncategorized

New Draft Article: Judging Constitutional Conventions

I have a new draft article about constitutional conventions, co-authored with Farrah Ahmed (Melbourne Law School) and Richard Albert (Boston College Law School). The article is about how courts can, do, and should engage with constitutional conventions. Here’s the abstract: The study of constitutional conventions is anchored in an assumption that has so far remained […]

New Paper in the CLJ: The Flexibility Rule in Administrative Law

I’m pleased to say that I have an article just out in the Cambridge Law Journal: ‘The Flexibility Rule in Administrative Law’. I hope to put up a longer post summarising the article soon, but for now, here’s the abstract: Administrative officials are permitted to have policies as to the exercise of their discretionary powers, but […]

New Paper in the OJLS: Constitutional Statutes

Farrah Ahmed and I have a new paper out in the Oxford Journal of Legal Studies: ‘Constitutional Statutes’. This is our second paper on constitutional statutes. Back in 2012, in BH v Lord Advocate, the Supreme Court suggested that constitutional statutes could only be repealed expressly, not by implication. In 2015, Farrah and I published a paper […]