The paradox of modern constitutionalism resides in having two imperatives, apparently irreconcilable, i.e. a governmental power generated from the ‘consent of the people' and, in order to be sustained and effective, that power must be divided, constrained and exercised through distinctive...

My forthcoming Article is divided into the following parts. In Part I, I survey relevant aspects of the law of § 1983 and Bivens. Painting with a broad brush and for the most part descriptively, I maintain that the Court’s concern with over-deterrence has increasingly dominated constitutional...

For a number of years there has been nothing at all unusual about the United Kingdom finding itself in a state of constitutional upheaval; indeed, for some time, this has been the UK constitution’s default setting. This has sometimes been as a result of long-anticipated and carefully planned...

In R (Miller) v Secretary of State for Exiting the European Union, the Supreme Court of the United Kingdom (a) held that the UK Government had no prerogative power to initiate the formal process whereby the UK will withdraw from the EU and (b) declined to recognise any requirement that the...

The European Union (Withdrawal) Act 2018 forms the centrepiece of the UK's domestic legal preparations for its departure from the European Union. The Act aims to capture and domesticate large swathes of EU law so as to safeguard legal continuity upon Brexit. This paper examines the process by...

This article analyses the views of the framers of the Australian Constitution through the lens of the theme of popular sovereignty. It examines the leading works in political theory which have discussed the concept of popular sovereignty and identifies two main strands in that literature, namely...

In this paper, we review the changes the DTC will bring about in the institutional framework of the European Union, focusing mainly, though not exclusively, on the most controversial issues, which were only resolved by the IGC at its final meeting in June 2004. Our aim is to identify and explain...