Public Law and the UK Supreme Court: Key Cases and Decisions

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Public Law and the UK Supreme Court: Key Cases and Decisions

Edited by Lewis Graham · Jenny Russell
Routledge September 2025

Specifications

ISBN-13
9781032734828
Publisher
Routledge
Publication
September 2025
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

This volume brings together expert commentators across different fields of Public Law to comment on a key decision by the UK Supreme Court (UKSC).

Each author explores their case’s content, as well as its broader implications for public law as a field and the Supreme Court as an institution. The work is divided into the following areas: Constitutional Law; Administrative Law and Judicial Review; Human Rights; and Criminal Law and Criminal Justice. Providing expert commentary on recent authorities of the highest level in one place, the collection will enable readers interested in these areas to conveniently locate analysis that will aid them in their work. Taken together, the contributions enable identification of persistent themes within subject areas.

As such, it will be an invaluable resource for academics, researchers, practitioners, judges and policymakers.

Table of Contents

List of Contributors
Editors’ Preface

Part 1: Constitutional Law
1. R (Cart) v Upper Tribunal [2011] UKSC 18
Reports of the Death of Cart are Greatly Exaggerated
Robert Thomas and Joe Tomlinson
2. AXA v Lord Advocate [2011] UKSC 46
AXA and the two roads of devolution
Anurag Deb
3. R (Chester) v Secretary of State for Justice [2013] UKSC 63
Haunted by Obiter Dicta
Samuel Willis
4. R (HS2 Action Alliance Ltd) v Secretary of State for Transport [2014] UKSC 3
How a Failed Railway Line Became a Hallmark of the UK’s Contemporary Constitutional Identity
Eleni Frantziou
5. R (Evans) v Attorney General [2015] UKSC 21
Evans and the Surprising Strength of the Principle of Legality
Adam Perry
6. R v Jogee [2016] UKSC 8
Jogee and the Mechanics of Criminal Law Development
Findlay Stark
7. R (Miller) v Secretary of State for Exiting the European Union [2017] UKSC 5
Prerogative, Law and Value
Paul Craig
8. R (Bancoult) v Secretary of State for Foreign and Commonwealth Affairs (No 2) [2016] UKSC 35
The Colonial Constitution in the Supreme Court
Tom Frost
9. Privacy International v Investigatory Powers Tribunal [2019] UKSC 22
What Public Lawyers Shouldn’t Overlook about Privacy International
Joanna Bell
10. R (Miller) v Prime Minister [2019] UKSC 41
Law, politics and the constitution
Mark Elliott
11. R (Begum) v Secretary of State for the Home Department [2021] UKSC 7
Executive-Mindedness as Outdated Constitutionalism in the Shamima Begum Case
Daniella Lock
12. The United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Bill Reference [2021] UKSC 42
Drawing the Line: Sovereignty and Devolution
Nicole Busby
13. Pwr v DPP [2022] UKSC 2
Generational Shift? Counter-Terrorism Responses before the UK Supreme Court
CRG Murray
14. Re Allister’s Application for Judicial Review [2023] UKSC 5
The Importance of Constitutional Wisdom
Alison L Young
15. R (AAA (Syria)) v Secretary of State for the Home Department [2023] UKSC 42
The Strong Gravitational Force of AAA
James Robottom

Part 2: Administrative Law
16. R (Moseley) v London Borough of Haringey [2014] UKSC 56
Moseley, Consultations, and the Age of Austerity
Elizabeth A O’Loughlin
17. Mandalia v Secretary of State for the Home Department [2015] UKSC 59
Administrative policies and the principle of consistency
Kenny Chng
18. R (Keyu) v Secretary of State for Foreign and Commonwealth Affairs [2015] UKSC 69
Keyu’s Case and the Standards of Substantive Review
Hasan Dindjer
19. R (Public Law Project) v Lord Chancellor [2016] UKSC 39
Henry VIII powers and The Public Law Project case: Divorced, beheaded, died?
Lee Marsons
20. R (UNISON) v Lord Chancellor [2017] UKSC 51
UNISON and the role of the Supreme Court
Ariella Gordon
21. R (A) v Secretary of State for the Home Department [2021] UKSC 37 and BF (Eritrea) v Secretary of State for the Home Department [2021] UKSC 38
Judicial Review of Policies: A Devotion to Legalism?
Gabriel Tan
22. R (O) v Secretary of State for the Home Department [2022] UKSC 3 and R (Coughlan) v Minister for the Cabinet Office [2022] UKSC 11
A Fall from Grace: Common Law Constitutional Rights in O and Coughlan
Saba Shakil

Part 3: Human Rights Law
23. R v Horncastle [2009] UKSC 14
A watershed in Human Rights Act jurisprudence?
Roger Masterman
24. Smith v Ministry of Defence [2013] UKSC 41
Judgecraft and Lawfare: The Supreme Court in Smith and Al-Waheed
Conall Mallory
25. P v Cheshire West and Chester Council [2014] UKSC 19
Deprivations of Liberty after Cheshire West: Of Gilded Cages and Chaos
Shona Wilson Stark
26. R (Nicklinson) v Ministry of Justice [2014] UKSC 38
The difficulty with discretion
Hélène Tyrrell and Conall Mallory
27. Re Northern Ireland Human Rights Commission [2018] UKSC 27
Dialogue on display: the jurisprudential, legislative and political implications of the Supreme Court’s judgment on Northern Ireland’s abortion law
Stevie Martin
28. R (Steinfeld and Keidan) v Secretary of State for International Development [2018] UKSC 32
Respect, ambits and the (ir)relevance of time
Jens M. Scherpe
29. R (Hallam) v Secretary of State for Justice [2019] UKSC 2
The UKSC’s growing confidence to form its ‘own view’ on Convention rights
Ed Bates
30. Ziegler v DPP [2021] UKSC 23
You wait for ages then two come along at once: An Analysis of Ziegler
David Mead
31. R (SC) v Secretary of State for Work and Pensions [2021] UKSC 26
Not taking social security law seriously?
Charlotte O’Brien
32. R (Elan-Cane) v Secretary of State for the Home Department [2021] UKSC 56
Bourgs Apart
Kacper Majewski
33. Re Dalton’s Application for Judicial Review [2023] UKSC 36
The Dalton case and Article 2 of the ECHR
Brice Dickson

Part 4: Conclusion
34. Reflecting Upon Key UK Supreme Court Cases in Public Law
Lewis Graham and Jenny Russell

Index
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