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Events in 2019

R (Privacy International) v Investigatory Powers Tribunal: Mark Elliott and Alison Young

On 18 November 2019, CPL hosted a discussion event with Sir Patrick Elias, Professor Mark Elliott, and Professor Alison Young.

In R (Privacy International) v Investigatory Powers Tribunal [2019] UKSC 22, the Supreme Court, by 4 judgments to 3, concluded that a clause removing judicial review of the court over decisions of the Investigatory Powers Tribunal (IPT), including those as to whether the IPT had jurisdiction, could not remove judicial review by the court for legal errors made by the IPT when determining its jurisdiction. The legislation could be interpreted so as not to remove review over purported decisions as to whether the IPT had jurisdiction – in other words those decisions tainted by a legal error. The individual judgments provide an array of arguments which have an impact on how courts interpret ouster clauses and legislation more generally, the foundations of judicial review, parliamentary sovereignty and the rule of law. This lecture explains the judgments and evaluates their implications.

An audio version, and other formats of this recording are available on the University Streaming Media Service.

Panel discussion: 'The Constitutional Implications of AG Reference: UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill [2018] UKSC 64'

On 13 December 2018, the Supreme Court delivered its judgment on the 'Scottish Continuity Bill' (https://www.supremecourt.uk/cases/uksc-2018-0080.html). This Bill was enacted by the Scottish Parliament in order to provide its own version of the European Union (Withdrawal) Act 2018, providing for the continued application of EU law in Scotland from exit day onwards.

The legislation was enacted against the backdrop of Scotland’s refusal to agree to a legislative consent motion for the European Union (Withdrawal) Bill 2018, which then came into force without Scotland’s consent in breach of the Sewel convention. It also marked the first time that Scottish legislation had been challenged at the pre-legislative stage, using the provisions of section 33 of the Scotland Act 1998.

In this video produced by the Cambridge Centre for Public Law, Professor Mark Elliott, Professor Alison Young, and Dr Paul Daly each discuss the constitutional implications of the case, chaired by Dr Shona Wilson Stark.

Other formats including audio are available at the University Streaming Media Service.