Director of Research, Bingham Centre for the Rule of Law; Professor of Law, University College London; PI of Lex-Atlas: Covid-19. Public law and jurisprudence.
Here are some thoughts about the constitutional implications of the EU (Future Relationship) Bill and some suggestions for what might have been done. Warning - blog post posing as THREAD.
@JoshuaRozenberg
The second letter was carefully worded to give the air of compliance, but it wrongly says it was P that sent it (the Benn Act mandates that the PM send it) and the letter is clearly designed to procure a refusal of the request. The phone calls are even more concerning.
Delighted to share this news! Professor Jeff King appointed Legal Adviser to the House of Lords Constitution Committee | UCL Faculty of Laws - UCL - London's Global University
I'm delighted and honoured to take on this role! The Bingham Centre is a first rate research institute scrutinizing the rule of law implications of public policies and looking into tomorrow's rule of law challenges.
We are delighted to announce the appointment of
@jeff_a_king
as our new Director of Research. Professor King is an outstanding Rule of Law scholar and practitioner whose career has bridged the divide between Rule of Law theory and practice.
More details:
@davidallengreen
The frightening thing is that this isnt a reckless gamble. It is a very carefully orchestrated political powerplay, scenarios probably tested in focus groups to gauge electoral consequences, and whose long game is still uncertain. A bit more strategy, less outrage, is needed.
the Miller/Cherry judgment is vastly more significant than Miller 1. The comments on the relation between preorogative and common law and on the scope of parliamentary sovereignty are of immense importance outside of this case. The legal test at [50] is also extraordinary.
What's wrong here is the view that an Act of Parliament cannot violate the rule of law. Of course Dicey saw that legislation could annihilate the rule of law: impinge fair trials, legislate retroactively, enact unchecked discretion, unpredictable law etc.
After two years of exciting work as a Legal Adviser to the House of Lords Constitution Committee, I have decided to step down and concentrate on other projects (and on being a good parent and husband). Delighted that the Committee has appointed the stellar Prof Alison Young.
My heretical case for a written constitution for the UK: democratic rather than rights-based; produced by constituent assembly; flexible rather than rigid; subject to a sunset clause; and Brexit being an opportunity rather than reason for the written constitution. Free access!
Are written constitutions simply a restraint on government? A new paper from Current Legal Problems argues the case for the
#democratic
expression of constitutions
@jeff_a_king
Third, the general implementation powers contained in cl 31 allow ministers to make any law that is required to implement the agreement by regulations - and that this power can be used to do anything an Act of Parliament can do (including amend the bill/Act itself).
Having considered the PM's statement on responding to the Rwanda judgment with a treaty and emergency legislation, a few thoughts on how Parliament might respond below - prompted by
@Prof_Phillipson
's thread - long thread:
So plan B from press conference: elevate UK's MoU with Rwanda to a treaty with specific safeguards, then introduce emergency legislation to have Parlt put in primary legislation that Rwanda is to be treated as a safe country. Quick 🧵
@IanDunt
@woodstockjag
@JoshuaRozenberg
Translation: We don't know what changes to the law are in fact required by this EU-UK agreement, but whatever they are, Parliament by operation of this clause makes them effective from the date this law comes into force.
This is an outrageous attack on the freedom of political speech, against a highly respected academic colleague. Seeking to prosecute a scholarly if colourful critique of a sitting AG, published in a reputable national broadsheet, is nearly rock bottom in any real democracy.
Freedom of Expression under attack in Brazil
Attorney General petitioned against law professor
@conradohubner
for 'defamation'
The academic and journalistic community have overwhelmingly backed Conrado
Thread below of this aberration +4
Offer your support
#postegeraldarepublica
UCL Laws has been ranked 2nd in the UK for studying Law in the recently published Guardian University Guide 2021 🎓
UCL Laws has moved up one place from last year's position, ranking no. 2 out of 101 institutions
Delighted to share my post on the House of Lords' role in relation to the Rwanda Bill ahead of second reading on Monday. Jeff King: The House of Lords, Constitutional Propriety, and the Safety of Rwanda Bill via
@ukcla
The agreement is so broad and vague that this is deeply unsatisfactory, arguably worse than broad delegated powers that entail some parliamentary scrutiny when they amend primary legislation. It’s no answer to say that the cl 31 powers will be the main ones relied on in practice.
It means such powers can be used to create tertiary legislation (i.e. designate someone to make new legislation not subject to any parliamentary scrutiny) and permit the amendment of the Future Relationship Bill/Act itself if regarded by ministers as necessary to implement.
Today’s Thought for the Day on BBC R4 cited Albert Weale’s terrific essay on the Will of the People. He packs a lifetime of scholarship on democracy into an accessible explanation of why the ‘WP’ myth, anchoring respect for the Brexit referendum, has no democratic credentials.
Excellent opportunity for a legal or political theorist to work at a top law faculty with stellar colleagues in London - at King's. Lecturer in legal and/or political philosophy job - King's College London
@YTLKings
@Lzucca
I had high hopes and expectations of this conference. It was utterly remarkable - in depth, erudition, wit, and humanity. All forthcoming in print. Now back to changing nappies.
and give select committees more time to take evidence and compose reports. In short, it would allow Parliament to do its job. THREAD ends (with apologies for length). These views are in personal capacity and don't reflect those of the Constitution Committee, which has reported.
This Bill (amended or not) could be made into law but subject to a sunset clause causing it to retire within a period of months. At the same time, the Government could commit to introducing a more filled out scheme of legislation, followed by weeks/months of legislative scrutiny.
@ProfMarkElliott
Mark I strongly believe there is nothing in any of your tweets that would not have gone into a memorandum to the constitution committee, a cross-party committee of peers who represent non-partisan consensus on these fundamentals, and who don't suffer partisan briefings lightly.
It has been a great ten years at a truly world class law faculty! I've learned a tremendous amount from colleagues and students - and have enjoyed the frequent collaborations with colleagues in politics and philosophy.
Just realised that this September it is 10 years since
@jeff_a_king
,
@RonanMcCrea
, Alex Mills and I started working at UCL. A great and challenging 10 years with special colleagues. We can mark the anniversary tonight.
Here is the Bingham Centre's Rule of Law Analysis of the Rwanda Safety Bill, authored by its Director Murray Hunt. We will be doing extended work on this awful Bill, the worst UK affront to the rule of law in memory (not that other odious recent memories are hard to find).
First, the Bill incorporates significant chunks of the agreement into (and amending) domestic law when there's inadequate time to assess the implications.
Both of these features were quite controversial when the EU (Withdrawal) Act 2018 was passed – the bootstrapping HVIII power was removed from the Bill; a Lords amendment removed the tertiary legislation power but was reversed in ping pong.
To mark Hooocaust Memorial Day I wanted to share how powerful Richard Evans' trilogy on the Third Reich even if published a while back. I've been caught up in vol two on the Nazis in power before the war, w/ antisemitism and nationalism leading predictably to war and genocide. 1/
Runciman on Waldron's Political Political Theory: first published over two years ago, in print now, and very insightful on the relationship between theory, history and realism in current political theory. Both Waldron and Urbinati at UCL 10-12 July!
There are a number of issues forecast in the Gov’s pre-bill publication announcement of the Coronavirus Bill which I think could benefit from advanced thinking: Here’s the statement: Thread - 1/8
But isn’t it a reality that time doesn’t allow more flesh on the bones? This is the crucial question. And I think the answer is that that is a political choice rather than legal or logistical reality. The EU is providing provisional application pending ratification by EU Parl.
Next UCL Public Law Group Seminar, 30 Oct 2023, 1715-19:15: A symposium on Prof Nick Barber's book The United Kingdom Constitution: An Introduction (OUP), with up to six UCL commentators followed by a reception at UCL Laws. 1/2
My inaugural lecture is tomorrow. Looking forward to seeing many friends and great scholars there. Please register if you want to come, and unregister if you are signed up but can’t make it, so to manage numbers.
Second, cl 29 provides essentially that any change that is required to be made in UK domestic law in order to give effect to the agreements is deemed by cl 29 to have taken such effect.
I'm delighted to serve as Commissioner on this really important Independent Commission on Public Health Emergency Powers, exploring the UK's response to Covid-19 from a constitutional perspective and considering what improvements could be made.
We are delighted to announce the launch of the Independent Commission on UK Public Health Emergency Powers. The aim is that the Independent Commission’s findings and recommendations will help to inform planning for future public health emergencies. (1/3)
The Bill permits ratification without parliamentary oversight, by disapplying the CRAG Act (cl. 36). Also done in the EU (Withdrawal Agreement) Act 2020, but with full and proper scrutiny of both the withdrawal agreement and the Bill. The 2020 Act is not a true precedent.
Can still hardly believe the quality of the commentators responding to my democratic case for a written constitution Thursday in Oxford. The event is hybrid (regis) but come along if in Oxford!
@DrHannahWhite
@joannaccherry
@BonaveroIHR
@stefan_theil
The 2018 Act also provided – a concession during passage - that a sifting committee be created to recommend upgraded scrutiny of draft statutory instruments. No time to consider that here. More basically, cl 31 powers are very broad, rushed, and have controversial features.
E.g. cl 26 provides that the Social Security Protocol (over 100 pages of text), which few MPs will have digested, will 'form part of domestic law' and prevail over any inconsistent existing law. Same with cl 22 in respect of the (shorter but still meaty) fraud/VAT protocol.
An excellent analysis for any and esp. non-insiders on the UK Supreme Court's Miller2/Cherry (prorogation) decision, from Oxford's Prof Nick Barber - on the Harv L Rev Blog: Prorogation, Prerogative, and the Supreme Court
Even so, ratification is probably not the main problem here. It is rather the machinery of domestic implementation contained in the Bill, which unlike the agreement Parl could influence significantly. I see three serious issues, apart from the devolution issues (more nuanced).
My refutation of the claim that Royal Assent may be refused, with gratitude to Prof Elliott below, and
@TomRHickman
@Prof_Phillipson
@DrTomPoole
and esp Anne Twomey for comments on the draft.
I am hugely looking forward to this ANU conference on public law and inequality, where I will be speaking on the relationship between social democracy and the rule of law. The line-up of other speakers is stellar - an honour to attend.
SPEAKER SPOTLIGHT: Public law’s foundational concepts were forged in a social world, so how can they combat growing inequality? Hear from
@jeff_a_king
, a
@UCL
Professor of Law and expert on the rule of law’s social dimension, at our Dec 2020 conference.
Harlow & Rawlings at UCL Laws next Monday for hybrid session on Administrative Law and Polulism! Don't miss it - registration essential and paper available in advance upon registration.
@UCLPublicLaw
@UCLLaws
@colmocinneide
What a time to be on holiday in the Dolomites. Craggy slopes, dramatic wind swept precipices, loose rubble underfoot - just like the Constitution back home. Back to work on Monday.
It is an honour to lead this AHRC project with
@octavio_ferraz
and a dream-team Editorial Committee consisting of 12 amazing scholars and dozens of top jurists worldwide, converging topically on a quite detailed author guidance code. Details at
High and well-deserved praise for Nick Barber’s Principles of Constitutionalism, follow on to his The Constitutional State, from one of the world’s outstanding public lawyers. (Not a lawyer I usually agree with, but one also not to be missed...)
Extremely alarming use of the 'deep state' idea in the PM's speech. One can only hope it was (another) reckless act of uncommitted idiocy rather than a genuine belief. Following his own Government's rightly interventionist management of the pandemic, it must be so.
Boris Johnson:“The Leader of the Opposition and the deep state will prevail in its plot to haul us back into alignment with the EU as a prelude to our alignment to our eventual return.”
Surely the first time a prime minister has talked about the ‘deep state’ at the dispatch box
Our piece on the 'in-principle' compatibility of mandatory vaccination with human rights law for the Lancet. Tons of abuse over the holidays for this one. For the skim-sceptic - this isn't making the case for it here and now, and it doesn't fail to recognise medical exemptions!
For a much less conventional take on the relationship between the rule of law and the pandemic, do join this panel, where I will argue that the RL requires vigorous regulation of private actors who would otherwise exercise great arbitrary power over others.
When Law Fails Us – Verfassungsblog - superb writing and analysis of the Rwanda judgment's and policy backlash in European contest by a scholar of the constitutional theory of migration. Chapeau
@AnjaBossow
- for info
@ProfCCostello
My abbreviated blog description of my project on the social dimension of the rule of law, also presenting the paper at the Oxford Juris Discussion Group on May 24th. Feedback & critique very welcome!
To confirm: my inaugural lecture on Thursday does NOT fall on a strike day. I support this strike and have been picketing. Still some spots available I think.
I'm hugely enjoying Stefan Theil (Cambridge)'s book on using human rights law to protect the environment. A deep book, its connection between public law and climate change couldn't be more salient. See the book in discussion tomorrow! Details below.
Towards the Environmental Minimum will be launched
@BonaveroIHR
on 13 October (17:30 - 19:00)! In-person/online hybrid with
@jeff_a_king
, Nick Barber and Liz Fisher as discussants🤩
Sign-up for event 👉
Check out the book 👉
Tarun Khaitan - a model of the engaged public law scholar who has done the deepest first rate legal and political theory as well as highly impactful contributions to constitutional law and politics. What a contribution here - to millions. Bravo.
This judgment is not only significant for workers but for the very role of legal reasoning and the rule of law. This is not a temperamentally liberal, still less activist Supreme Court. These conclusions follow from legal principles, which are taken seriously here.
Judgment has been handed down this morning by video link in the case of Uber BV and others (Appellants) v Aslam and others (Respondents) – UKSC 2019/0029
Part II of my post on the legality of the lockdown, dealing with the issue of 'quarantine' and proportionality of the measures. There is a longer discussion to be had about ECHR compliance and the Enhorn v Sweden case than I have afforded. Happy to discuss.
This deranged and ill-informed post - leavened with megalomania- is blind to the Tory party's history as a rule of law party, and not just law and order. It spans Thatcher's adoption of Hayek's (misguided) Const of Liberty; Quentin Hogg's Dimbleby Lecture, and so many others; 1/2
Behind the boats/ECHR fight is a deeper fight - the attempt (successful) by a set of lawyers & officials over years to disguise their radical position as a conservative position - i.e that 'international law' is the highest moral/legal order in the UK (cf. Wagner in Times today
🔎Speaker spotlight🔎Prof
@jeff_a_king
(
@UCLLaws
) is one of 40+ experts presenting at our 'Public Law and Inequality' conference. His session is titled 'The Rule of Law, the State, and Inequality'.
#CIPL22
#ANU75
🗓️16-18 February 2022
🔗Register:
Delighted UCL has launched this PhD research opportunity to support combatting underrepresentation in academic law. I hope we will get an applicant seeking to work in public law or constitutional theory. They would have our utmost hands-on support.
The Lex-Atlas:Covid-19 project has been extended by the AHRC for one further year to allow us to produce our comparative analyses in more depth. We are hiring a new Post-Doc to assist us with basic quantitative analysis and data-management. 1/5
This approach would give the drafters more time to tailor executive powers, give MPs and peers time to actually read the agreement and bill giving effect to it, give the Government the proper opportunity to consult and seek consent from the devolved authorities,
Delighted to Chair ICON -S Santiago Panel next week on Prof Nick Barber’s Principles of Constitutionalism, with stern interrogation from Vicky Jackson,
@PeterCOliver
, and Mattias Kumm. Half hour for discussion!
#iconssantiago
I hugely enjoyed the excellent session put together by Prof Madhav Khosla on judicial power. A stellar line up but an amazing set of minds in the room as well. I will eventually publish my comments on the law and politics of judicial power in the UK.
Fascinating panel this morning
@ICON__S
on ‘The Promise and Perils of Judicial Power’ with
@Adrienne_Stone1
@jeff_a_king
Stephen Gardbaum & Madhav Khosla, with
@jeff_a_king
taking a critical look at the Judicial Power Project & Policy Exchange in the UK context.
Might be helpful for the coming Miller 2/Cherry decision of the Supreme Court to be posted in a few locations so that the SC website isn't crashed and nervous nerds suffer needlessly as a result...
My first of two posts arguing for the legality of the lockdown. It's partly to quell some doubts, partly to explain and put in context the legal provisions being used now, and relate them to the Coronavirus Act 2020. Tomorrow's will address two further legal challenges.
Jeff King: 'The Lockdown is Lawful'. This is the first of two posts arguing that there is legal authority for the lockdown provisions imposed under the new Coronavirus Regulations.
This is a great appointment - I think the first of its kind (from the academy straight to the top bench). He isn’t only a great scholar, but like the late Peter Birks, both that and a very humane and exceptionally collegial person.
We are delighted that Professor Andrew Burrows, Professor of the Law of England, has been appointed to
@UKSupremeCourt
alongside a new President and three other new justices.
@bricksilk
@UKHouseofLords
For what it's worth I think a key and insidious danger here is that the constitutional innovations used during Brexit and Covid-19 will be carried into routine law-making. The legislative process adores precedent, is wary of principle, and both crises are prolonged.
It is less straightforward to do this in the UK, and anyway it is domestic implementation rather than parliamentary scrutiny of the treaties that is the central issue here. But something analogous to provisional application in the UK can be done in the following way:
The second bill(s) would be coordinated with the first to ensure legal continuity. No legal gaps and legal certainty would be considered at all stages.
Anyone ever heard of a male judge or politician’s attire coming under public scrutiny, like Lady Hale’s brooches or PM May’s shoes? It does sometimes - Michael Foot’s ‘donkey’ jacket e.g. - but always as political rather than fashion comment. I think it’s sexist.
If you compare the mostly more tightly drawn provisions in Parts 1 (security) and 2 (trade and other matters) of the Bill, you will see how tailored legislative drafting can be done when timing allows. Part 3 (general implementation) is skeletal and Parts 1 and 2 are mostly not.
UCL Public Law Group seminar on Mon 30 Jan on Dr Berihun Gebeye's superb monograph - Theory of African Constitutionalism. See how constitutional theory maps onto African realities, teaching us about both.
@efieldingd
commenting on federalism.
Next UCL Public Law Group seminar by the amazing
@MHailbronner
, Silvia Suteu and
@colmocinneide
commenting, on Wed, 31 January from 2-3:30 in hybrid. Great insight into cutting edge CCL scholarship:
@UCLPublicLaw
:
This is a very important dimension of poverty and social policy which doesn’t appear in the back pages of the Economist and is why low anglo-American unemployment figures are a false proxy for well-being.
The
#UK
government can't keep touting employment statistics as an answer to
#poverty
when 60% of those in poverty are in working families and 2.8 million people are in poverty in families where all adults work full time.
Supreme Judgecraft – Verfassungsblog - Supreme analysis of the Rwanda judgment, well worth reading for weary uk public lawyers, having been written by leading scholars of migration and equality law who happen to also know UK con law front to back.
This is an excellent piece that illustrates the political potential of constitutions, stepping over the quagmire of which rights and issues are suitable for judicial enforcement. Part of a rights-friendly recent focus on non-judicial constitutionalism.
My Constitutional Directives paper is now out in
@ModernLRev
. I argue for the possibility of a morally-committed (rather than merely procedural) political constitutionalism, that can effectively respond to issues rights cannot.
Those taking note of the announcement of mandatory vaccination requirements for NHS workers this morning may want to have a look at the LAC19 Best Legal and Constitutional Practice Principles for Mandatory Vaccination Requirements. Here's a thread on how they relate here: 1/11
Join us at the Bingham Centre for this fascinating 2 yr post/opportunity to improve how the legislative process handles rule of law issues. The Lead will work with internal and external experts and acquire deep insight into the UK legislative process. Closes 23 July 2023.
Are you an academic or practising lawyer interested in analysing how Bills affect
#ruleoflaw
and identifying where changes are needed? Apply for a 2-yr Project Lead role on our Monitoring of Legislation project! Details: . Past work:
The year's first UCL Public Law Group seminar for 4 October 2023, 2-3:30pm, hybrid at UCL. Prof Madhav Khosla (Colombia) will deliver a fascinating pre-circulated paper on the democratic implications of party defections:
This event at UCL on 7th Feb should interest anyone concerned with the role of agencies, and the reconciliation of expert administration, delegated powers and democratic accountability in the administrative state. Honoured to take part and co-host.
Next week (7th Feb), we will be joined by Sir Paul Tucker 'in conversation with' the brilliant
@tarunkhaitan
,
@jeff_a_king
, and
@albertpweale
on 'Have central banks and the regulatory state displaced constitutional democracy?' Book your place here -
🎉A big congratulations to OxHRH Associate
@hayleyjhooper
on her appointment Tutorial Fellowship and Associate Professorship in Law, Harris Manchester College and Faculty of Law! 🎉
Distinguished Visiting Professorship at UCL Laws - a great place currently for work on public law, constitutional theory, and jurisprudence, esp with the Institute of Law, Politics and Philosophy among other things:
Utterly delighted to hear that the public law conference will be hosted in my old alma mater (for philosophy) in the city in which I was born and raised. Looking forward to going!!
Don't miss Cambridge's Sir David Williams Professor of Public Law, Alison Young, speak about Populism and the UK Constitution at UCL tonight, with Lord Justice Philip Sales in the Chair: