In 2021 the then Lord Chancellor Robert Buckland QC MP cited the principle of legality as an example of an aspect of public law that might ‘take on a life of [its] own, and lead to the courts overreaching.’ In the simplest terms, the principle of legality is a common law rule of statutory interpretation […]
Hayley Hooper: Historical Origins of the ‘Principle of Legality’ in British Public Law
Hayley Hooper: Historical Origins of the ‘Principle of Legality’ in British Public Law
30 Jun 2024 Leave a comment
in economic history, economics of bureaucracy, law and economics, Public Choice, public economics Tags: British constitutional law
Nicholas Kilford: Interpreting The Devolution Statutes
05 Jun 2024 Leave a comment
in comparative institutional analysis, constitutional political economy, law and economics Tags: British constitutional law, British politics, Scotland
*Editors’ Note: This post is part of the ‘Unwritten Constitutional Norms and Principles Blog Series’* Throughout the life of devolution, the courts appear to have diverged on how to properly determine the scope and limits of devolved lawmaking power, and the extent to which norms and principles not expressly contained in the text of the […]
Nicholas Kilford: Interpreting The Devolution Statutes
Stephen Tierney: The Post Office (Horizon System) Offences Act 2024: Necessary remedy or unwarranted interference with judicial independence?
04 Jun 2024 Leave a comment
in economics of crime, law and economics Tags: British constitutional law
For the first time, by way of the Post Office (Horizon System) Offences Act (“the Act”), Parliament has legislated to quash criminal convictions. In this post I will argue that, no matter how understandable, indeed laudable, the intention behind this legislation, in its haste to offer a speedy and comprehensive correction to mass injustice, Parliament has crossed […]
Stephen Tierney: The Post Office (Horizon System) Offences Act 2024: Necessary remedy or unwarranted interference with judicial independence?
Raffael N. Fasel: Ouster Clauses and the Silent Constitutional Crisis
20 Feb 2024 Leave a comment
in law and economics, property rights Tags: British constitutional law
In a recent comment on the Government’s Rwanda Bill and on speculations about an unprecedented strike down by the Supreme Court, Professor Mark Elliott asked a question that has been on many UK public lawyers’ minds lately: “Are we headed for a constitutional crisis?” This question, to be sure, is not new. However, with a […]
Raffael N. Fasel: Ouster Clauses and the Silent Constitutional Crisis
Brian Christopher Jones: Nigel Farage and the UK Constitution
20 Feb 2024 Leave a comment
in constitutional political economy, currency unions, economic history, law and economics, macroeconomics Tags: British constitutional law, British politics, European Union
The upheaval of the UK constitution from 2016 onwards has been associated with a host of individuals, from David Cameron to Boris Johnson to Dominic Cummings, who have received the significant bulk of academic attention in recent years. And yet, another individual has had a substantial impact upon the UK constitution during this time: Nigel […]
Brian Christopher Jones: Nigel Farage and the UK Constitution
Constitution 101: How Powerful Is The Queen?
17 Feb 2024 Leave a comment
in constitutional political economy, economics of bureaucracy, Public Choice Tags: British constitutional law
[This is the first in a series of posts that will look at the key institutions of the British constitution. A version of this particular post first appeared on my personal blog.] Americans don’t really understand the British Monarchy. Our pundits often portray the Queen as a powerless figurehead who does little more than cut ribbons and unveil plaques. […]
Constitution 101: How Powerful Is The Queen?
February 13, 1689: The Proclamation of King William III and Queen Mary II as Joint Monarchs of England
14 Feb 2024 Leave a comment
in constitutional political economy, economic history, law and economics Tags: British constitutional law, British history, British politics
King James II-VII’s departure during the Glorious Revolution significantly shifted the balance of power in favour of Prince Willem III of Orange, who took control of the provisional government on December 28th. Elections were held in early January for a Convention Parliament, which assembled on January 29th. The Whigs had a slight majority in the […]
February 13, 1689: The Proclamation of King William III and Queen Mary II as Joint Monarchs of England
February 6, Death of King George VI of the United Kingdom of Great Britain and Ireland. Part II.
08 Feb 2024 Leave a comment
in comparative institutional analysis, constitutional political economy, economic history Tags: British constitutional law, British history
Prince Albert spent his early life in the shadow of his elder brother, Prince Edward, the heir apparent. Albert attended naval college as a teenager and served in the Royal Navy and Royal Air Force during the First World War. In 1920, he was made Duke of York. He married Lady Elizabeth Bowes-Lyon in 1923. […]
February 6, Death of King George VI of the United Kingdom of Great Britain and Ireland. Part II.
Some Thoughts On The Dissolution And Calling Of Parliament Bill
30 Jan 2024 Leave a comment
in constitutional political economy, law and economics Tags: British constitutional law
The House of Lords is now considering the Dissolution and Calling of Parliament Bill that was passed by the Commons back in September. It would repeal the Fixed-term Parliaments Act 2011 and restore the pre-2011 status quo whereby the Sovereign dissolved Parliament at the request of the Prime Minister. Regular readers of my blog will […]
Some Thoughts On The Dissolution And Calling Of Parliament Bill
Counsellors Of State In The Age Of Remote Work
03 Dec 2023 Leave a comment
in comparative institutional analysis, constitutional political economy, law and economics Tags: British constitutional law
There’s an interesting detail tucked away near the end of the Letters Patent signifying Royal Assent to the Patient Safety Commissioner for Scotland Bill. The final clause reads “WITNESS Ourself at Kenya on the second day of November in the second year of Our Reign,” meaning the King signed the document while on a state […]
Counsellors Of State In The Age Of Remote Work
How to expel an MP from Parliament: The ejection of John Wilkes in 1764
15 Jan 2023 Leave a comment
in constitutional political economy, economic history, Public Choice Tags: British constitutional law, British history, constitutional law
John Wilkes is one of the more scandalous figures in the 18th-century. His publication of North Briton Number 45, and Essay on Woman, had both the Commons and the Lords denounce him. Parliament began to build a case against Wilkes. Dr Robin Eagles, editor of our House of Lords 1715-1790 project, reflects on how Parliament […]
How to expel an MP from Parliament: The ejection of John Wilkes in 1764
#OTD 1979 The Night The Government Fell
29 Mar 2018 Leave a comment
in Public Choice Tags: British constitutional law, British history, British politics
The life and reign of English kings and queens visualised
14 Apr 2015 Leave a comment
in economic history Tags: British constitutional law
The life and reign of English kings and queens visualised gu.com/p/435fz/stw via @GuardianData @grbarnett http://t.co/f5twjrKntG—
Guardian Visuals (@GraphicGuardian) November 07, 2014
Priests could first stand for the House of Commons in 2001
01 Mar 2015 Leave a comment
in constitutional political economy, law and economics, Public Choice Tags: British constitutional law, Catholic Emancipation, equality before the wall, House of Commons, religious discrimination
The House of Commons (Removal of Clergy Disqualification) Act 2001 removed the disqualifications for clergy in standing for election and sit in the House of Commons. Through the interaction of different anti-Catholic legislation in the 18th and 19th century, Roman Catholic priests were still barred from sitting in the House of Commons until 2001. This included ex-priests.
The issue first came to a head when Bruce Kent came third in a seat in the 1997 election. The bill was drafted, but lapsed until the Labour Party endorsed an ex-priest for a safe seat. Without legislative action, he would not have been able to take his place in the House of Commons.
James MacManaway was the first priest to win a House of Commons seat in 150 years when he won a Belfast seat in 1950. The advice of the Attorney-General prior to his standing was there was no bar from standing because the Church of Ireland had been disestablished in 1869.
When he moved to take his seat, a select committee looked into the matter and then referred it to the Judicial Committee of the Privy Council.
The Judicial Committee of the Privy Council held that the Irish Church Act 1869 did disestablish the Church of Ireland, but since there was no express provision in that Act permitting its clergymen to sit as MPs, the House of Commons (Clergy Disqualification) Act 1801 still debarred any person
ordained to the office of priest or deacon’ from sitting or voting in the House of Commons. Roman Catholic Relief Act 1829 specifically barred ‘person[s] in holy orders in the Church of Rome.
Although MacManaway was disqualified from its seat after sitting for 238 days, and he did not stand for the by-election, no legislative action was taken to correct this blot on British democracy.
Parliament passed up the opportunity to remedy the matter when passing the House of Commons (Disqualification) Act 1975. This Act disqualifies a large number of public office holders from sitting in the House of Commons.
Likewise, when the Lord Chancellor (Tenure of Office and Discharge of Ecclesiastical Functions) Act 1974 was passed, the issue of Catholic priests in the House of Commons was left to one side. This Act may provision for the exercise of Church of England ecclesiastical functions during any tenure of the office of Lord Chancellor, of horror of horrors, by Roman Catholics. The Lord Chancellor makes many appointments within the Church of England.
The Clergy Disqualification Act 1870 provided a procedure which enabled Church of England clergy to relinquish their clerical positions and, after a period of six months, be freed from the parliamentary disqualification. There is no equivalent statutory procedure for clergy of other churches.
And here ends my constitutional curio of the day.
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