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Each author explores their case's content, as well as its implications for public law as a field and the Supreme Court as an institution.
List of contents
Part I: Constitutional Law 1.
R (Cart) v Upper Tribunal [2011] UKSC 18 Reports of the Death of
Cart are Greatly Exaggerated 2.
AXA v Lord Advocate [2011] UKSC 46
AXA and the two roads of devolution 3.
R (Chester) v Secretary of State for Justice [2013] UKSC 63 Haunted by
Obiter Dicta [2014] UKSC 3 How a Failed Railway Line Became a Hallmark of the UK's Contemporary Constitutional Identity 5.
R (Evans) v Attorney General [2015] UKSC 21
Evans and the Surprising Strength of the Principle of Legality 6.
R v Jogee [2016] UKSC 8
Jogee and the Mechanics of Criminal Law Development 7.
R (Miller) v Secretary of State for Exiting the European Union [2017] UKSC 5 Prerogative, Law and Value 8.
R (Bancoult) v Secretary of State for Foreign and Commonwealth Affairs (No 2) [2016] UKSC 35 The Colonial Constitution in the Supreme Court 9.
Privacy International v Investigatory Powers Tribunal [2019] UKSC 22 What Public Lawyers Shouldn't Overlook about
Privacy International 10.
R (Miller) v Prime Minister [2019] UKSC 41 Law, politics and the constitution 11.
R (Begum) v Secretary of State for the Home Department [2021] UKSC 7 Executive-Mindedness as Outdated Constitutionalism in the
Shamima Begum Case 12.
The United Nations Convention on the Rights of the Child (Incorporation) (Scotland) Bill Reference [2021] UKSC 42 Drawing the Line: Sovereignty and Devolution 13.
Pwr v DPP [2022] UKSC 2 Generational Shift? Counter-Terrorism Responses before the UK Supreme Court 14.
Re Allister's Application for Judicial Review [2023] UKSC 5 The Importance of Constitutional Wisdom 15.
R (AAA (Syria)) v Secretary of State for the Home Department [2023] UKSC 42 The Strong Gravitational Force of
AAA 16.
R (Moseley) v London Borough of Haringey [2014] UKSC 56
Moseley, Consultations, and the Age of Austerity 17.
Mandalia v Secretary of State for the Home Department [2015] UKSC 59 Administrative policies and the principle of consistency 18.
R (Keyu) v Secretary of State for Foreign and Commonwealth Affairs [2015] UKSC 69
Keyu's Case and the Standards of Substantive Review 19.
R (Public Law Project) v Lord Chancellor [2016] UKSC 39 Henry VIII powers and
The Public Law Project case: Divorced, beheaded, died? 20.
R (UNISON) v Lord Chancellor [2017] UKSC 51
UNISON and the role of the Supreme Court 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? 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 Part III: Human Rights Law 23.
R v Horncastle [2009] UKSC 14 A watershed in Human Rights Act jurisprudence? 24.
Smith v Ministry of Defence [2013] UKSC 41 Judgecraft and Lawfare: The Supreme Court in
Smith and
Al-Waheed 25.
P v Cheshire West and Chester Council [2014] UKSC 19 Deprivations of Liberty after
Cheshire West: Of Gilded Cages and Chaos 26.
R (Nicklinson) v Ministry of Justice [2014] UKSC 38 The difficulty with discretion 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 28.
R (Steinfeld and Keidan) v Secretary of State for International Development [2018] UKSC 32 Respect, ambits and the (ir)relevance of time 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 30.
Ziegler v DPP [2021] UKSC 23 You wait for ages then two come along at once: An Analysis of
Ziegler 31.
R (SC) v Secretary of State for Work and Pensions [2021] UKSC 26 Not taking social security law seriously? 32.
R (Elan-Cane) v Secretary of State for the Home Department [2021] UKSC 56 Bourgs Apart 33.
Re Dalton's Application for Judicial Review [2023] UKSC 36 The
Dalton case and Article 2 of the ECHR
Part IV: Conclusion 34. Reflecting Upon Key UK Supreme Court Cases in Public Law
About the author
Lewis Graham is a Fellow in Christ's College, University of Cambridge.
Jenny Russell is a Lecturer in Property Law at the Dickson Poon School of Law, King's College London.
