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Public Law Blog

Insights and legal updates from our specialist public law solicitors.

23 November 2023

A Plethora of Public Inquiries

This article was first published by New Law Journal on 4th August.

31 August 2023

Legislating badly?

Measures introduced in the Queen’s Speech risk fuelling legislative bad habits. 

24 August 2023

Who makes UK law?

Is the current approach to delegated legislation undermining the constitutional balance between executive & legislature? 

  • Today, most UK laws are made by government ministers with little parliamentary involvement, risking potentially serious consequences.

  • Tighter control over the use of delegated legislation is now required. A better system of scrutiny needs to be introduced. A reassertion of the boundary line between primary and delegated legislation is also called for.

18 August 2023

Lunges, parries & the ouster clause

Ouster clauses are provisions inserted into legislation to prevent judicial review challenges that target particular decisions by public bodies. They exclude the common law supervisory jurisdiction of the courts. The basis for them is that, under our constitution, Acts of Parliament are supreme and Parliament can curtail the jurisdiction of the courts if it so chooses.

31 May 2023

Company investigations: Common traps and how to avoid them

Company investigations are often fraught with issues and there is much to consider. Those in charge are commonly afforded very little time before having to proceed. It therefore pays to be aware of some of the potential pitfalls at the outset.

Caroline Day

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