Mark Elliott
@profmarkelliott.bsky.social
Professor of Public Law, University of Cambridge. Fellow, St Catharine's College, Cambridge. Blog: www.publiclawforeveryone.com. Website: www.markelliott.org
Pinned
Tyranny, anarchy and the rule of law: Reflections on a major report by the Constitution Committee
The House of Lords Constitution Committee’s new report on the rule of law provides an excellent overview of the concept and of the many challenges it finds itself under in the UK today. But the rep…
publiclawforeveryone.com
New post: Tyranny, anarchy and the rule of law: Reflections on a major report by the Constitution Committee
publiclawforeveryone.com/2025/11/20/t...
publiclawforeveryone.com/2025/11/20/t...
Simon Jenkins claims in the Guardian that it would be a 'democratic outrage' if the House of Lords were to block the Terminally Ill Adults Bill: www.theguardian.com/commentisfre...
That claim is constitutional nonsense, for the reasons I explain here: publiclawforeveryone.com/2025/06/20/w...
That claim is constitutional nonsense, for the reasons I explain here: publiclawforeveryone.com/2025/06/20/w...
Unelected Lords are blocking assisted dying – this is a democratic outrage | Simon Jenkins
Second chambers are a good idea, but they should not be able to overturn clear decisions reached by an elected body, says Guardian columnist Simon Jenkins
www.theguardian.com
November 20, 2025 at 10:02 PM
Simon Jenkins claims in the Guardian that it would be a 'democratic outrage' if the House of Lords were to block the Terminally Ill Adults Bill: www.theguardian.com/commentisfre...
That claim is constitutional nonsense, for the reasons I explain here: publiclawforeveryone.com/2025/06/20/w...
That claim is constitutional nonsense, for the reasons I explain here: publiclawforeveryone.com/2025/06/20/w...
New post: Tyranny, anarchy and the rule of law: Reflections on a major report by the Constitution Committee
publiclawforeveryone.com/2025/11/20/t...
publiclawforeveryone.com/2025/11/20/t...
Tyranny, anarchy and the rule of law: Reflections on a major report by the Constitution Committee
The House of Lords Constitution Committee’s new report on the rule of law provides an excellent overview of the concept and of the many challenges it finds itself under in the UK today. But the rep…
publiclawforeveryone.com
November 20, 2025 at 11:17 AM
New post: Tyranny, anarchy and the rule of law: Reflections on a major report by the Constitution Committee
publiclawforeveryone.com/2025/11/20/t...
publiclawforeveryone.com/2025/11/20/t...
Now published in the Cambridge Law Journal (open access):
'Administrative Law Doctrine and Constitutional Principle in the Supreme Court'
My case note on the judgment in R (Spitalfields) v Tower Hamlets LBC [2025] UKSC 11
doi.org/10.1017/S000...
'Administrative Law Doctrine and Constitutional Principle in the Supreme Court'
My case note on the judgment in R (Spitalfields) v Tower Hamlets LBC [2025] UKSC 11
doi.org/10.1017/S000...
ADMINISTRATIVE LAW DOCTRINE AND CONSTITUTIONAL PRINCIPLE IN THE SUPREME COURT | The Cambridge Law Journal | Cambridge Core
ADMINISTRATIVE LAW DOCTRINE AND CONSTITUTIONAL PRINCIPLE IN THE SUPREME COURT - Volume 84 Issue 2
doi.org
November 18, 2025 at 10:37 AM
Now published in the Cambridge Law Journal (open access):
'Administrative Law Doctrine and Constitutional Principle in the Supreme Court'
My case note on the judgment in R (Spitalfields) v Tower Hamlets LBC [2025] UKSC 11
doi.org/10.1017/S000...
'Administrative Law Doctrine and Constitutional Principle in the Supreme Court'
My case note on the judgment in R (Spitalfields) v Tower Hamlets LBC [2025] UKSC 11
doi.org/10.1017/S000...
Indeed. There are plenty of other questions, too, that are unanswered by a white paper that, given how long it has been in the making, is surprisingly light on detail. I flag some of the key legal and constitutional questions that need to be answered here: publiclawforeveryone.com/2025/11/17/t...
November 18, 2025 at 10:03 AM
Indeed. There are plenty of other questions, too, that are unanswered by a white paper that, given how long it has been in the making, is surprisingly light on detail. I flag some of the key legal and constitutional questions that need to be answered here: publiclawforeveryone.com/2025/11/17/t...
Reposted by Mark Elliott
Very good on the legal implications of today's proposals. There's still a lot of missing details.
New post
The legal and constitutional implications of the asylum white paper: Some initial thoughts
publiclawforeveryone.com/2025/11/17/t...
The legal and constitutional implications of the asylum white paper: Some initial thoughts
publiclawforeveryone.com/2025/11/17/t...
The legal and constitutional implications of the asylum white paper: Some initial thoughts
Proposals for radical reform of the UK’s asylum system raise a number of legal and constitutional issues, with respect both to the European Convention on Human Rights and the domestic principle of …
publiclawforeveryone.com
November 17, 2025 at 10:44 PM
Very good on the legal implications of today's proposals. There's still a lot of missing details.
Reposted by Mark Elliott
Excellent place to start on the legal and constitutional implications of the asylum white paper. And, as ever, Mark manages to pen these articulate thoughts so fast.
New post
The legal and constitutional implications of the asylum white paper: Some initial thoughts
publiclawforeveryone.com/2025/11/17/t...
The legal and constitutional implications of the asylum white paper: Some initial thoughts
publiclawforeveryone.com/2025/11/17/t...
The legal and constitutional implications of the asylum white paper: Some initial thoughts
Proposals for radical reform of the UK’s asylum system raise a number of legal and constitutional issues, with respect both to the European Convention on Human Rights and the domestic principle of …
publiclawforeveryone.com
November 17, 2025 at 10:15 PM
Excellent place to start on the legal and constitutional implications of the asylum white paper. And, as ever, Mark manages to pen these articulate thoughts so fast.
New post
The legal and constitutional implications of the asylum white paper: Some initial thoughts
publiclawforeveryone.com/2025/11/17/t...
The legal and constitutional implications of the asylum white paper: Some initial thoughts
publiclawforeveryone.com/2025/11/17/t...
The legal and constitutional implications of the asylum white paper: Some initial thoughts
Proposals for radical reform of the UK’s asylum system raise a number of legal and constitutional issues, with respect both to the European Convention on Human Rights and the domestic principle of …
publiclawforeveryone.com
November 17, 2025 at 9:43 PM
New post
The legal and constitutional implications of the asylum white paper: Some initial thoughts
publiclawforeveryone.com/2025/11/17/t...
The legal and constitutional implications of the asylum white paper: Some initial thoughts
publiclawforeveryone.com/2025/11/17/t...
New post
In a recent lecture, Lord Briggs places renewed emphasis on the common law’s ability to protect human rights, and argues that we should not doubt its capaity to step in if the UK were to withdraw from the ECHR. Is such optimism well-founded?
publiclawforeveryone.com/2025/11/14/m...
In a recent lecture, Lord Briggs places renewed emphasis on the common law’s ability to protect human rights, and argues that we should not doubt its capaity to step in if the UK were to withdraw from the ECHR. Is such optimism well-founded?
publiclawforeveryone.com/2025/11/14/m...
Misplaced optimism? Lord Briggs on the common law’s capacity to protect human rights in the event of ECHR withdrawal
In a recent lecture, Supreme Court Justice Lord Briggs places renewed emphasis on the common law’s ability to protect human rights, and argues that we should not doubt its capaity to step in if the…
publiclawforeveryone.com
November 14, 2025 at 2:54 PM
New post
In a recent lecture, Lord Briggs places renewed emphasis on the common law’s ability to protect human rights, and argues that we should not doubt its capaity to step in if the UK were to withdraw from the ECHR. Is such optimism well-founded?
publiclawforeveryone.com/2025/11/14/m...
In a recent lecture, Lord Briggs places renewed emphasis on the common law’s ability to protect human rights, and argues that we should not doubt its capaity to step in if the UK were to withdraw from the ECHR. Is such optimism well-founded?
publiclawforeveryone.com/2025/11/14/m...
Reposted by Mark Elliott
Thank you for contributing & for this excellent lens on the discussions. Externalising/othering constitutional (fundamental) rights takes the othering of the individuals they protect to an extreme. Migration debates are instrumentalised to justify a broader assault on human&constitutional rights.
New post
Prompted by an excellent conference at @biicl.bsky.social marking the ECHR's 75th anniversary, I reflect in this piece on key themes about the likely trajectory of the UK's human rights debate, given the current (and developing) political climate.
publiclawforeveryone.com/2025/11/07/t...
Prompted by an excellent conference at @biicl.bsky.social marking the ECHR's 75th anniversary, I reflect in this piece on key themes about the likely trajectory of the UK's human rights debate, given the current (and developing) political climate.
publiclawforeveryone.com/2025/11/07/t...
The ‘othering’ of human rights and the agenda underlying calls for UK withdrawal from the ECHR
A recent conference marking the 75th anniversary anniversary of the European Convention on Human Rights provided a sobering opportunity for reflection on possible trajectories of human rights prote…
publiclawforeveryone.com
November 10, 2025 at 5:42 PM
Thank you for contributing & for this excellent lens on the discussions. Externalising/othering constitutional (fundamental) rights takes the othering of the individuals they protect to an extreme. Migration debates are instrumentalised to justify a broader assault on human&constitutional rights.
An interesting opportunity from the Constitution Society:
'The Constitution Society invites applications for a Research Fellowship dedicated to promoting the life and constitutional contributions of Richard Haldane (1856-1928).'
consoc.org.uk/haldane-rese...
'The Constitution Society invites applications for a Research Fellowship dedicated to promoting the life and constitutional contributions of Richard Haldane (1856-1928).'
consoc.org.uk/haldane-rese...
Research Fellowship - The Constitution Society
The Society invites applications for a Research Fellowship on the life and constitutional contributions of Richard Haldane (1856-1928).
consoc.org.uk
November 10, 2025 at 9:18 AM
An interesting opportunity from the Constitution Society:
'The Constitution Society invites applications for a Research Fellowship dedicated to promoting the life and constitutional contributions of Richard Haldane (1856-1928).'
consoc.org.uk/haldane-rese...
'The Constitution Society invites applications for a Research Fellowship dedicated to promoting the life and constitutional contributions of Richard Haldane (1856-1928).'
consoc.org.uk/haldane-rese...
New post
Prompted by an excellent conference at @biicl.bsky.social marking the ECHR's 75th anniversary, I reflect in this piece on key themes about the likely trajectory of the UK's human rights debate, given the current (and developing) political climate.
publiclawforeveryone.com/2025/11/07/t...
Prompted by an excellent conference at @biicl.bsky.social marking the ECHR's 75th anniversary, I reflect in this piece on key themes about the likely trajectory of the UK's human rights debate, given the current (and developing) political climate.
publiclawforeveryone.com/2025/11/07/t...
The ‘othering’ of human rights and the agenda underlying calls for UK withdrawal from the ECHR
A recent conference marking the 75th anniversary anniversary of the European Convention on Human Rights provided a sobering opportunity for reflection on possible trajectories of human rights prote…
publiclawforeveryone.com
November 7, 2025 at 4:11 PM
New post
Prompted by an excellent conference at @biicl.bsky.social marking the ECHR's 75th anniversary, I reflect in this piece on key themes about the likely trajectory of the UK's human rights debate, given the current (and developing) political climate.
publiclawforeveryone.com/2025/11/07/t...
Prompted by an excellent conference at @biicl.bsky.social marking the ECHR's 75th anniversary, I reflect in this piece on key themes about the likely trajectory of the UK's human rights debate, given the current (and developing) political climate.
publiclawforeveryone.com/2025/11/07/t...
Reposted by Mark Elliott
TEXTILE SHAKESPEARE is official-publication-date-minus-2-weeks (11 November) which is a LOT👀 (I can't remember feeling this wound up about other books, I have the concentration of a gnat at the moment🙄) but seems to be live as an e-book already so, available to your Kindle right now, apparently...
October 28, 2025 at 4:10 PM
TEXTILE SHAKESPEARE is official-publication-date-minus-2-weeks (11 November) which is a LOT👀 (I can't remember feeling this wound up about other books, I have the concentration of a gnat at the moment🙄) but seems to be live as an e-book already so, available to your Kindle right now, apparently...
Reposted by Mark Elliott
This latest "barrister meets AI" disaster is something all stage 1 law students should read. It is vital about the key skill of case reading - you mustn't use AI to substitute for the skill of being able to find cases and find key content in cases:
tribunalsdecisions.service.gov.uk/utiac/ui-202...
tribunalsdecisions.service.gov.uk/utiac/ui-202...
October 17, 2025 at 9:03 AM
This latest "barrister meets AI" disaster is something all stage 1 law students should read. It is vital about the key skill of case reading - you mustn't use AI to substitute for the skill of being able to find cases and find key content in cases:
tribunalsdecisions.service.gov.uk/utiac/ui-202...
tribunalsdecisions.service.gov.uk/utiac/ui-202...
Reposted by Mark Elliott
NEW - UPDATE POST
Did the CPS make a fundamental mistake with the charging decision in the Chinese spying case?
How the CPS may have asked the wrong legal question and so made a wrong charging decision
By me
emptycity.substack.com/p/did-the-cp...
Did the CPS make a fundamental mistake with the charging decision in the Chinese spying case?
How the CPS may have asked the wrong legal question and so made a wrong charging decision
By me
emptycity.substack.com/p/did-the-cp...
October 16, 2025 at 3:56 PM
NEW - UPDATE POST
Did the CPS make a fundamental mistake with the charging decision in the Chinese spying case?
How the CPS may have asked the wrong legal question and so made a wrong charging decision
By me
emptycity.substack.com/p/did-the-cp...
Did the CPS make a fundamental mistake with the charging decision in the Chinese spying case?
How the CPS may have asked the wrong legal question and so made a wrong charging decision
By me
emptycity.substack.com/p/did-the-cp...
Reposted by Mark Elliott
Trying to make sense of the China spy case? Join @profmarkelliott.bsky.social, @ruthfox.bsky.social & @darcyxtip.bsky.social on our Parliament Matters podcast as they unpack the key issues and what they mean for Parliament.
🎧 New episode out tomorrow. Listen and subscribe here: pod.link/1714627828
🎧 New episode out tomorrow. Listen and subscribe here: pod.link/1714627828
New post, following publication of the Deputy National Security Adviser's witness statements in the China case:
No winners in the China espionage blame game: Six outstanding questions for prosecutors and ministers
publiclawforeveryone.com/2025/10/16/n...
No winners in the China espionage blame game: Six outstanding questions for prosecutors and ministers
publiclawforeveryone.com/2025/10/16/n...
No winners in the China espionage blame game: Six outstanding questions for prosecutors and ministers
Now-published Government witness statements submitted to prosecutors in the China espionage case cast only limited light on what happened. In this post, I outline six key questions that remain to b…
publiclawforeveryone.com
October 16, 2025 at 2:00 PM
Trying to make sense of the China spy case? Join @profmarkelliott.bsky.social, @ruthfox.bsky.social & @darcyxtip.bsky.social on our Parliament Matters podcast as they unpack the key issues and what they mean for Parliament.
🎧 New episode out tomorrow. Listen and subscribe here: pod.link/1714627828
🎧 New episode out tomorrow. Listen and subscribe here: pod.link/1714627828
New post, following publication of the Deputy National Security Adviser's witness statements in the China case:
No winners in the China espionage blame game: Six outstanding questions for prosecutors and ministers
publiclawforeveryone.com/2025/10/16/n...
No winners in the China espionage blame game: Six outstanding questions for prosecutors and ministers
publiclawforeveryone.com/2025/10/16/n...
No winners in the China espionage blame game: Six outstanding questions for prosecutors and ministers
Now-published Government witness statements submitted to prosecutors in the China espionage case cast only limited light on what happened. In this post, I outline six key questions that remain to b…
publiclawforeveryone.com
October 16, 2025 at 8:50 AM
New post, following publication of the Deputy National Security Adviser's witness statements in the China case:
No winners in the China espionage blame game: Six outstanding questions for prosecutors and ministers
publiclawforeveryone.com/2025/10/16/n...
No winners in the China espionage blame game: Six outstanding questions for prosecutors and ministers
publiclawforeveryone.com/2025/10/16/n...
An extraordinary outburst—directed at a small hospice charity subject to devastating funding cuts—from the CEO of a major NHS trust. I doubt that Arthur Rank Hospices's patients and families share his assessment of the 'value' of the oustanding care provided. www.bbc.co.uk/news/article...
Arthur Rank Hospice media campaign left bad taste, says NHS CEO
An NHS boss says the hospice beds that funding has been pulled from were
www.bbc.co.uk
October 16, 2025 at 8:20 AM
An extraordinary outburst—directed at a small hospice charity subject to devastating funding cuts—from the CEO of a major NHS trust. I doubt that Arthur Rank Hospices's patients and families share his assessment of the 'value' of the oustanding care provided. www.bbc.co.uk/news/article...
A few preliminary thoughts on/questions prompted by the China espionage case witness statements, which have now been published. /1 www.gov.uk/government/p...
Witness statements in relation to alleged breach of Official Secrets Act on behalf of China
As the Prime Minister said in the House, he has carefully considered this matter and, following legal advice, the Prime Minister decided to disclose the witness statements in full.
www.gov.uk
October 15, 2025 at 9:26 PM
A few preliminary thoughts on/questions prompted by the China espionage case witness statements, which have now been published. /1 www.gov.uk/government/p...
I was pleased to speak with Sarah Montague on BBC Radio 4's The World at One today about the latest developments concerning the collapse of the China espionage trial.
www.bbc.co.uk/sounds/play/...
www.bbc.co.uk/sounds/play/...
World at One - 15/10/2025 - BBC Sounds
News, analysis and comment from BBC Radio 4
www.bbc.co.uk
October 15, 2025 at 12:57 PM
I was pleased to speak with Sarah Montague on BBC Radio 4's The World at One today about the latest developments concerning the collapse of the China espionage trial.
www.bbc.co.uk/sounds/play/...
www.bbc.co.uk/sounds/play/...
Excellent, forensic analysis of the many twists and turns (so far) of the China espionage case.
NEW
Trying to make sense of the nonsensical decision to drop the Chinese spying prosecutions
How the positions of neither the CPS nor the government stand up to scrutiny
By me
emptycity.substack.com/p/trying-to-...
Trying to make sense of the nonsensical decision to drop the Chinese spying prosecutions
How the positions of neither the CPS nor the government stand up to scrutiny
By me
emptycity.substack.com/p/trying-to-...
October 15, 2025 at 10:43 AM
Excellent, forensic analysis of the many twists and turns (so far) of the China espionage case.
Reposted by Mark Elliott
NEW
Trying to make sense of the nonsensical decision to drop the Chinese spying prosecutions
How the positions of neither the CPS nor the government stand up to scrutiny
By me
emptycity.substack.com/p/trying-to-...
Trying to make sense of the nonsensical decision to drop the Chinese spying prosecutions
How the positions of neither the CPS nor the government stand up to scrutiny
By me
emptycity.substack.com/p/trying-to-...
October 15, 2025 at 10:21 AM
NEW
Trying to make sense of the nonsensical decision to drop the Chinese spying prosecutions
How the positions of neither the CPS nor the government stand up to scrutiny
By me
emptycity.substack.com/p/trying-to-...
Trying to make sense of the nonsensical decision to drop the Chinese spying prosecutions
How the positions of neither the CPS nor the government stand up to scrutiny
By me
emptycity.substack.com/p/trying-to-...
I was pleased to hear my analysis of the China espionage case being relied on by the Leader of the Opposition in yesterday’s House of Commons debate. parliamentlive.tv/event/index/...
Parliamentlive.tv
House of Commons
parliamentlive.tv
October 14, 2025 at 9:22 AM
I was pleased to hear my analysis of the China espionage case being relied on by the Leader of the Opposition in yesterday’s House of Commons debate. parliamentlive.tv/event/index/...
New post, in which I argue the government's attempt to pin the blame for the collapse of the China spy trial on a single official will not wash constitutionally. Ministers must bear responsibility for an apparently deeply flawed decision-making process.
publiclawforeveryone.com/2025/10/13/c...
publiclawforeveryone.com/2025/10/13/c...
Cock-up or conspiracy? The Security Minister’s statement on the China espionage case
The Security Minister, Dan Jarvis, has made a statement to the House of Commons regarding the collapse of the prosecution of two individuals who had been accused of espionage contrary to section 1(…
publiclawforeveryone.com
October 14, 2025 at 7:00 AM
New post, in which I argue the government's attempt to pin the blame for the collapse of the China spy trial on a single official will not wash constitutionally. Ministers must bear responsibility for an apparently deeply flawed decision-making process.
publiclawforeveryone.com/2025/10/13/c...
publiclawforeveryone.com/2025/10/13/c...
New post | Cock-up or conspiracy? The Security Minister’s statement on the China espionage case /1 publiclawforeveryone.com/2025/10/13/c...
Cock-up or conspiracy? The Security Minister’s statement on the China espionage case
The Security Minister, Dan Jarvis, has made a statement to the House of Commons regarding the collapse of the prosecution of two individuals who had been accused of espionage contrary to section 1(…
publiclawforeveryone.com
October 13, 2025 at 8:39 PM
New post | Cock-up or conspiracy? The Security Minister’s statement on the China espionage case /1 publiclawforeveryone.com/2025/10/13/c...
A very helpful post on the Palestine Action judicial review so far. In particular, I agree with @conorcrummey.bsky.social that the court's approach to the argument concering ultra vires/the principle of legality was problematic. /1
ukconstitutionallaw.org/2025/10/13/c...
ukconstitutionallaw.org/2025/10/13/c...
Conor Crummey: The Principle of Legality, the Definition of ‘Terrorism’, and Palestine Action
Two judgments have so far been handed down in the matter of R (Ammori) v Secretary of State for the Home Department; the challenge to the Home Secretary’s decision to proscribe Palestine Action as …
ukconstitutionallaw.org
October 13, 2025 at 8:52 AM
A very helpful post on the Palestine Action judicial review so far. In particular, I agree with @conorcrummey.bsky.social that the court's approach to the argument concering ultra vires/the principle of legality was problematic. /1
ukconstitutionallaw.org/2025/10/13/c...
ukconstitutionallaw.org/2025/10/13/c...