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  • What is Parliamentary sovereignty, anyway?

    Carl Gardner
    February 23, 2016

    Albert_Venn_Dicey_in_academic_robes - Version 2As we await David Cameron’s sovereignty plan this week, it might help to explain what we mean by “Parliamentary sovereignty”.

    When we talk about Parliamentary sovereignty, we don’t mean a general notion […]

    Tags: constitution, eu law, human rights, US constitution
  • Same-sex marriage: the US, Europe and the Obergefell questions

    Carl Gardner
    June 25, 2015

    Elvert Barnes | Creative CommonsThe US Supreme Court’s opinion in Obergefell v Hodges – it may come out today, or next week – will […]

    Tags: discrimination, ecj, ecthr, eu law, family, free movement, human rights, US constitution, US Supreme Court
  • Will Obamacare survive “destructive analysis”?
    King v Burwell in the US Supreme Court

    Carl Gardner
    June 23, 2015

    It may be on Thursday; it may be next week. But soon, the US Supreme Court will give its opinion in King v Burwell, a case on interpretation of the Affordable Care Act with huge potential consequences for […]

    Tags: interpretation, legislation, US constitution, US Supreme Court
  • US Supreme Court upholds the Affordable Care Act

    Carl Gardner
    June 28, 2012

    The big news from America today of course is that the Supreme Court has upheld the constitutionality of President Obama’s main legislative achievement, the “Affordable Care Act” or as some critics call it “Obamacare”. At its heart is what’s called […]

    Tags: health, US constitution, US Supreme Court
  • Written constitutions: a warning from America

    Carl Gardner
    March 28, 2012

    The United States Supreme Court is currently hearing Department of Health and Human Services v Florida, in which President Obama’s Health Secretary Kathleen Sebelius is appealing the decision of a Federal Court of Appeals that the Patient Protection and […]

    Tags: constitution, health, legislation, US constitution, US Supreme Court
  • Taking Vince Cable off the BSkyB case

    Carl Gardner
    December 21, 2010

    Vince Cable has not resigned over his reported remark that he’d “declared war on Rupert Murdoch” – but the Culture Secretary Jeremy Hunt will make any further decision on the proposed News Corporation takeover of BSkyB instead of him. […]

    Tags: eu law, government, judicial review, media law, US constitution
  • Proposition 8, again

    Carl Gardner
    August 5, 2010

    Every summer I seem to write about gay marriage in California. At least, I did in 2008, then in 2009, and now I’m at it again. Because Judge Walker of the US District Court has ruled, in Perry […]

    Tags: family, human rights, legislation, US constitution
  • Fox v Federal Communications Commission

    Carl Gardner
    July 13, 2010

    On the day the High Court here has delivered a blow against the Foxification of our media, in the United States Fox TV (together with the big networks, CBS, ABC and NBC among others) has had a genuine legal […]

    Tags: freedom of expression, human rights, media law, US constitution
  • It’s certainly not “time” for a written constitution

    Carl Gardner
    March 29, 2010

    I’m grateful to Charon for drawing my attention to Richard Gordon QC’s article in the Times last week arguing that it’s “time” for a written constitution. I’m not as impressed as he was, though. I’m thoroughly […]

    Tags: constitution, parliament, US constitution
  • That bungled oath

    Carl Gardner
    January 22, 2009

    He’s done it again, then. It was obviously Chief Justice Roberts’s fault; he was the only who put the adverb faithfully at the end of the second clause, rather than at the beginning, as it […]

    Tags: US constitution
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