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

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

Author: Lewis Graham; Jenny Russell
Publisher: Routledge
ISBN: 9781032734828
Published In: September 2025
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Contents

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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.

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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