aly23@cam.ac.uk
College Contact Details
Room: Room 4, 2 Adams Road
Tel: 30698
Sir David Williams Professor of Public Law; Director of Research
LLB (Law with French)
BCL (Oxon)
D Phil (Oxon)
LLD (Hon) (Worcester)
Interests
I research in all aspects of public law, both of the UK and the EU. My main interest is in constitutional theory, particularly dialogue theory, where I draw comparisons between different means of protecting human rights. I'm also interested in comparative public law, specifically drawing comparisons between UK law, EU law, the law in other commonwealth countries and France. I also have research interests in freedom of expression and in the protection of human rights through private law.
I have published widely in all of these areas, and am the author of Parliamentary Sovereignty and the Human Rights Act (Hart Publishing, 2009). I was the recipient of a Leverhulme Research Fellowship in 2015. The Fellowship enabled me to write a book on dialogue theory, Democratic Dialogue and the Constitution (OUP, 2017), which was a runner up for the main Inner Temple Book Prize, 2018. My most recent publication, Unchecked Power (Bristol University Press, 2023), provides an accessible account of the UK's post-Brexit constitution, asking whether constitutional changes furthered or diminished democracy in the UK.
From March 2024 to March 2029 I will be on leave from Cambridge, moving to the Law Commission as the law commissioner for public law and the law in Wales. During that period I will not be able to take on any new PhD students.
Research centres and interest groups
CV / Biography
I am the Sir David Williams Professor of Public Law at the University of Cambridge, and a Fellow of Robinson College. I am also currently a legal advisor to the House of Lords Select Committee on the Constitution and an academic associate at 39 Essex Chambers. I am a member of the Editorial Board of European Public Law, and of Public Law. I'm also a Fellow of the Higher Education Academy. I'm a trustee of The Constitution Society and a member of the UK Constitution Monitoring Group. I'm affiliated with the Oxford Human Rights Hub and with the Programme for the Foundations of Law and Constitutional Government, both at the University of Oxford. I am also an Emeritus Fellow of Hertford College, Oxford.
Before joining the University of Cambridge I studied for a Law (with French) degree at the University of Birmingham, spending a year at the Université de Limoges as part of my degree. I then completed the BCL and D Phil at Hertford College, University of Oxford. I spent three years as a Tutorial Fellow at Balliol College, Oxford, before returning to Hertford as a Fellow in Law and later Professor of Public Law at the University of Oxford. At Oxford I completed a Postgraduate Diploma in Learning and Teaching in Higher Education and received awards for Teaching Excellence and Innovation from the University of Oxford.
Selected publications
Books
Unchecked Power?: How Recent Constitutional Reforms Are Threatening UK Democracy, 2023)
Publisher:
ISBN:
1529233003
ISBN 13:
978-1529233001
Published Nov 2023
Turpin and Tomkins' British Government and the Constitution, 2021) 8th Edition
Publisher:
ISBN 13:
9781108707381
Published Mar 2021
The Constitution of Social Democracy (ed), 2020)
Co-editor(s):
Alan Bogg and Jacob Rowbottom
Publisher:
ISBN 13:
9781509916573
Published Jul 2020
Foundations and Future of Public Law (ed), 2020)
Co-editor(s):
L Fisher and J King
Publisher:
ISBN 13:
9780198845249
Published Jan 2020
The UK Constitution after Miller: Brexit and Beyond (ed), 2018)
Co-editor(s):
Professor Mark Elliott and Jack Williams
Publisher:
ISBN 13:
9781509916412
Published Jul 2018
Democratic Dialogue and the Constitution, 2017)
Sovereignty and the Law: Domestic, European and International Law Perspectives (ed), 2013)
Co-editor(s):
R Rawlings and P Leyland
Publisher:
ISBN 13:
9780199684069
Published Jun 2013
Parliamentary Sovereignty and the Human Rights Act , 2009)
Publisher:
Link:
ISBN 13:
978-1-84113-830-5
Published Sep 2009
Articles
"To Quash or Not to Quash: When Should Courts Suspend or Limit the Retrospective Effects of a Quashing Order?" (2023) 28 (3) Judicial Review 200
Citation:
(2023) 28 (3) Judicial Review 200
DOI:
https://doi.org/10.1080/10854681.2023.2267403
Published: Dec 2023
"Stuck at a Crossroad? Substantive Legitimate Expectations in Public Law" (2021) 80 Cambridge Law Journal S179-S207
Citation:
(2021) 80 Cambridge Law Journal S179-S207
DOI:
https://www.doi.org/10.1017/S000819732100057X.
Published: Oct 2021
"Ad Hoc Constitutional Reform in the UK" (2021) 52 Conn. L. Rev. 1409
Citation:
(2021) 52 Conn. L. Rev. 1409
Published: Apr 2021
"Brexit, Miller, and the Regulation of Treaty Withdrawal: One Step Forwards, Two Steps Back?" [2017] 111 AJIL Unbound 434
Citation:
[2017] 111 AJIL Unbound 434
DOI:
https://doi.org/10.1017/aju.2017.97
Published: Jan 2018
"'Would use of the prerogative to denounce the ECHR "frustrate"the Human Rights Act? Lessons from Miller.'" (2017) Public Law (Nov Sup) 150
Citation:
(2017) Public Law (Nov Sup) 150
Published: Nov 2017
"Populism and the UK Constitution" (2018) 71 Current Legal Problems 17
Citation:
(2018) 71 Current Legal Problems 17
DOI:
https://doi.org/10.1093/clp/cuy009
Published: Dec 2018
"The Constitutional Implications of Brexit" [2017] European Public Law 757
Citation:
[2017] European Public Law 757
Published: Nov 2017
"R (Miller) v Secretary of State for Exiting the European Union: Thriller or Vanilla?" [2017] ELJ 280
Citation:
[2017] ELJ 280
Published: Mar 2017
"Regaining Sovereignty?: Brexit, the UK Parliament and the Common Law" (2016) 22 European Public Law 131
Citation:
(2016) 22 European Public Law 131
Published: Jan 2016
"Will you, Won't you, Will you join the Deference Dance?" (2014) OJLS 375
Citation:
(2014) OJLS 375
Published: Jun 2014
"The Rule of Law in the United Kingdom: Formal or Substantive" (2012) 6 International Constitutional Law 259
Citation:
(2012) 6 International Constitutional Law 259
Published: Sep 2012
"Is Dialogue working under the Human Rights Act?" [2011] PL 773
Citation:
[2011] PL 773
Published: Oct 2011
"Sovereignty: Demise, Afterlife or Partial Resurrection?" (2011) 9 ICON 163
Citation:
(2011) 9 ICON 163
Published: Mar 2011
"Deference, Dialogue and the Search for Legitimacy" [2010] OJLS 815
Citation:
[2010] OJLS 815
Published: Sep 2010
"In Defence of Due Deference" (2009) 72 MLR 554
Citation:
(2009) 72 MLR 554
Published: Jul 2009
"Human Rights, Horizontality and the Public/Private Divide: Towards a Holistic Approach" (2009) 2 UCL Human Rights Law Review 159
Citation:
(2009) 2 UCL Human Rights Law Review 159
Published: Jun 2009
"Hunting Sovereignty: Jackson v Attorney General" [2006] PL 187
Citation:
[2006] PL 187
Published: Jun 2006
"A Peculiarly British Protection of Human Rights" (2005) 65 MLR 858
Citation:
(2005) 65 MLR 858
Published: Oct 2005
"The Charter, Constitution and Human Rights: is this the Beginning or the End for Human Rights Protections by Community law?" (2005) 11 European Public Law 219
Citation:
(2005) 11 European Public Law 219
Published: Mar 2005
"Ghaidan v Godin-Mendoza: Avoiding the Deference Trap" [2005] PL 23
Citation:
[2005] PL 23
Published: Jan 2005
"The Rise of Prospective Henry VIII Clauses and their Implications for Sovereignty" [2003] PL 112
Citation:
[2003] PL 112
Published: Jan 2003
"Remedial and Substantive Horizontality: the Common Law and Douglas v Hello! Ltd" [2002] PL 232
Citation:
[2002] PL 232
Published: Jun 2002
"Judicial Sovereignty and the Human Rights Act 1998" (2001) 61 CLJ 53
Citation:
(2001) 61 CLJ 53
Published: Jan 2001
"Fact, Opinion and the Human Rights Act 1998: Does English law need to modify its definition of 'statements of opinion' to ensure compliance with Article 10 ECHR?" (2000) 20 1 OJLS 89
Citation:
(2000) 20 1 OJLS 89
Published: Jan 2000
Book Chapters
"Populisme et changements constitutionnels au Royaume-Uni" (with Aurélie Duffy-Meunier) in A Duffy-Meunier et N Perlo (ed(s)), L'influence du Populisme sur les Changements Constitutionnels, 2024)
Published Feb 2024
"Dicey's Forgotten Constitution" in A Dickinson, T Endicott and W Ernst (ed(s)), Dicey + 100 Albert Venn Dicey: A Centenial Commemoration, 2024), pp. 61-74
"Accountability, Human Rights and Beyond: Lessons from Social Security Law" in M Flinders and C Monaghan (ed(s)), Questions of Accountability: Prerogative, Power and Politics , 2023), pp. 171-187
Publisher:
Pages:
171-187
ISBN 13:
9781509964222
Published Sep 2023
"Law and Politics: Standing on Shifting Sand?" in K Gromek-Broc (ed(s)), Public Law in a Troubled Era: a Tribute to Patrick Birkinshaw, 2023)
Publisher:
ISBN 13:
978 94 035 3576 0
Published Aug 2023
"Brexit, Parliament, and the Courts - Towards a New Relationship?" in A Horne, L Thompson and B Yong (ed(s)), Parliament and the Law, 2022), pp. 211-238
Pages:
211-238
ISBN 13:
9781509934119
Published Sep 2022
"Constitutional Methodology and Brexit: Adopting a Model-Theoretic Approach" in D Kyritsis and S Lakin (ed(s)), The Methodology of Constitutional Theory, 2022)
Publisher:
ISBN 13:
9781509933846
Published Feb 2022
"The Prorogation Case: Re-inventing the Constitution or Re-imagining Constitutional Scholarship?" in Daniel Clarry (ed(s)), The UK Supreme Court Yearbook, Volume 10: 2018-19 Legal Year, 2021), pp. 357-389
Pages:
357-389
ISBN 13:
9781911250289
Published Aug 2021
"The Brexit Crisis: Challenges for Cross-Border Solidarity" in H Krunke, H Petersen and I Manners (ed(s)), Transnational Solidarity: Concepts, Challenges and Opportunities, 2020)
"Populism and the United Kingdom. " in Sascha Hardt, Aalt Willem Heringa, and Hoai-Thu Nguyen (ed(s)), Populism and Democracy, 2020)
"Fundamental Common Law Rights and Legislation" in M Elliott and K Hughes (ed(s)), Common Law Constitutional Rights, 2020), pp. 223-251
"Public Law Cases and the Common Law: A Unique Relationship?" in L Fisher, J King and A L Young (ed(s)), Foundations and Future of Public Law, 2020)
"Dialogue and its Myths: Whatever People Say I Am, That's What I'm Not' " in G Sigalet, G Webber and R Dixon (ed(s)), 'Constitutional Dialogue: Rights, Democracy, Institutions' , 2019), pp. 35-57
"The Miller Tale: An Introduction" (with M Elliott and J Williams), M Elliott, J Williams and AL Young (eds), The UK Constitution after Miller: Brexit and Beyond, 2018)
Publisher:
ISBN 13:
9781509916412
Published Jul 2018
"The Relationship between Parliament, the Executive and the Judiciary", J Jowell and C O'Cinneade (eds) The Changing Constitution , 2019), pp. 325-357
"Europe's Gift to the United Kingdom: Juridification" (with P Birkinshaw, V Mitsilegas and T A Christou), A Albi and S Bardutzky (eds) National Constitutions in European and Global Governance: Democracy, Rights and the Rule of Law (National Reports) , 2019), pp. 83-139
Publisher:
Pages:
83-139
ISBN 13:
978-94-6265-273-6
Published Jun 2019
"'Populism and Parliamentary Sovereignty: the Goldsworthy Solution' ", L Burton Crawford, P Emerton and D Smith (eds) Law under a Democratic Constitution: Essays in Honour of Jeffrey Goldsworthy, 2019), pp. 175-197
"Miller and the Future of Constitutional Adjudication" (with None), M Elliott, J Williams and AL Young (eds), The UK Constitution after Miller: Brexit and Beyond, 2018)
Publisher:
ISBN 13:
9781509916412
Published Jul 2018
"Dialogue, Deliberation and Human Rights " (with A L Young), R Levy, H Kong G Orr and J King (eds) 'The Cambridge Handbook of Deliberative Constitutionalism', 2018), pp. 125-138
Publisher:
Pages:
125-138
ISBN 13:
9781108289474
Published Apr 2018
"Exporting Dialogue: Critical Reflections on Canada's "Commonwealth" Model of Human Rights Protections" (with A L Young), R Albert and D R Cameron (eds) Canada in the World: Comparative Perspectives on the Canadian Constitution, 2017), pp. 324
"Proportionality " (with A L Young and G d Burca), S Vogenauer and S Weatherill (eds), General Principles of Law: European and Comparative Perspectives, 2017)
Publisher:
Published Sep 2017
"EU fundamental rights and judicial reasoning: towards a theory of human rights adjudication for the EU" (with A L Young), S Douglas-Scott and N Hatzis (eds) Research Handbook on EU Law and Human Rights, 2017), pp. 198
"Lord Hoffmann and Public Law: TV Dinner or Dining at the Savoy?" (with A L Young), Paul S Davies and Justine Pila (eds) The Jurisprudence of Lord Hoffmann, 2015), pp. 115-135
"Proportionality is Dead: Long Live Proportionality!" (with A L Young), G Huscroft, B Miller and G Webber (eds), Proportionality and the Rule of Law: Rights, Justification and Reasoning, 2014)
Publisher:
Published Sep 2014
"Accountability, Human Rights Adjudication and the Human Rights Act 1998" (with A L Young), N Bamforth and P Leyland (eds) Accountability in the Contemporary Constitution, 2013)
Publisher:
Published Oct 2013
"The Human Rights Act 1998, Horizontality and the Constitutionalisation of Private Law" (with A L Young), K Ziegler and P Huber (eds) Current Problems in the Protection of Human Rights, 2013)
Publisher:
Published Sep 2013
"Parliamentary Sovereignty Redefined" (with A L Young), R Rawlings, P Leyland and A L Young (eds), Sovereignty and the Law: Domestic European and International Perspectives, 2013)
Published Sep 2013
"Mapping Horizontality" (with A L Young), D Hoffman (ed) The Impact of the UK Human Rights Act on Private Law, 2013)
Publisher:
Published Apr 2013
"Precedent" (with A L Young), D Hoffman (ed) The Impact of the UK Human Rights Act on Private Law, 2011)
Publisher:
Published Apr 2011
"Horizontality and the Human Rights Act 1998" (with A L Young), K Ziegler (ed) Human Rights and Private Law: Privacy as Autonomy, 2007)
Publisher:
Published Sep 2007
Book Reviews
Review of 'Key Ideas in Law: The Rule of Law and the Separation of Powers' by Jack Beatson. (2022) 81 CLJ 673-676
DOI:
10.1017/S0008197322000599
Published Nov 2022
M Gordon: Parliamentary Sovereignty in the UK Constitution [2016] PL 367
Published Apr 2016
Hiebert and Kelly; Parliamentary Bills of Rights: The Experience of New Zealand and the United Kingdom [2015] 63 American Journal of Comparative Law 810
Published Sep 2015
K Ewing, Bonfire of the Liberties (2010) 6 European Human Rights Law Review 659
Published Dec 2010
Protecting Rights without a Bill of Rights: Institutional Performance and Reform in Australia [2007] PL 846
Published Dec 2007
Democracy Through Law [2006] PL 873
Published Dec 2006
The British Constitution in the Twentieth Century (2005) 121 LQR 168
Published Jan 2005
Courts and Political Institutions: a Comparative View [2003] PL 434
Published Sep 2003
A Theory of Deference in Administrative Law: Basis, Application and Scope [2000] PL 898
Published Dec 2000
Making Rights Real: The Human Rights Act in its First Decade (2000) 68 CLJ 473
Published Oct 2000
Case Notes
Deference and Dualism are not Friends of the Earth (2023) 82 CLJ 195-199
DOI:
https://doi.org/10.1017/S0008197323000235
Published: Jul 2023
An Involuntary Union? Supreme Court rejects Scotland's Claim for Unilateral Referendum in Independence (2023) 82 CLJ 1-8
Published: Mar 2023
Privacy International in the Supreme Court: Jurisdiction, the Rule of Law and Parliamentary Sovereignty. (2019) 78 CLJ 490
DOI:
10.1017/S0008197319000813
Published: Nov 2019
The Presumption that Legislative Provisions do not Bind the Crown: Proposed Modification Goes up in Smoke (2018) 77 CLJ 237
DOI:
https://doi.org/10.1017/S0008197318000430
Published: Jul 2018
Political Libel in New Zealand (2001) 117 LQR 175
Published: Mar 2001
Blog Posts
Reports
Constitutional Entrenchment and Parliamentary Sovereignty
Body / Institution:
Bennett Institute
Published: Apr 2023
Common Sense or Confusion?: The Human Rights Act and the Conservative Party
Reference Number:
http://www.consoc.org.uk/wp-content/uploads/2015/04/COSJ3217_Common_Sense_or_Confusion_WEB.pdf
Body / Institution:
Constitution Society
Published: Feb 2015
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