Month: May 2024

Introduction Recently Texas governor Gregg Abbott openly defied the federal government over migration control. Echoing ‘the secessionist rhetoric’ of the Confederacy and Civil War Era, he claimed that the federal…

*Editors’ Note: This post is part of the ‘Unwritten Constitutional Norms and Principles Blog Series’* Unwritten constitutional principles supply much of the foundation – or ‘hidden wiring’ – of the…

*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…

*Editors’ Note: This post is part of the ‘Unwritten Constitutional Norms and Principles Blog Series’* It remains commonplace, both in political and public law discourse, to describe the Royal Prerogative…

On 13 May 2024, Humphreys J in the Northern Ireland High Court delivered his judgment in The matter of Northern Ireland Human Rights Commission, JR295 and the Illegal Migration Act…

*Editors’ note:  This post is part of a series on ‘the Unwritten Constitutional Norms and Principles’* Constitutional structures generally leave space for institutional innovations that can enhance the democratic process. One such…

Introduction Who gets to interpret and articulate unwritten constitutional principles (UCPs) or constitutional silences? In answering that question, we often assume that the key institutional actors are either the courts…

Unwritten constitutionalism is often associated with Westminster systems, but it is arguably a feature of all constitutional democracies, including jurisdictions with highly codified constitutions. The ‘unwritten’ facets of the constitution…