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Professor of Public Law
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CV / Biography
Mark Elliott is Professor of Public Law at the University of Cambridge and a Fellow of St Catharine's College, Cambridge. He was Deputy Chair of the Faculty of Law from 2018 to 2019 and Chair of the Faculty from 2019 to 2024. From 2015 to 2019, he served as Legal Adviser to the House of Lords Select Committee on the Constitution, providing advice to the Committee on a range of legislative and other matters. Mark co-founded the international biennial Public Law Conference series and co-convened the first two conferences. He is the recipient of a University of Cambridge Pilkington Prize for excellence in teaching and is the author of a widely read blog, Public Law for Everyone, that is aimed at public law scholars, current and prospective law students, policy-makers, and others who are interested in the subject.
Mark's research interests lie in UK constitutional law and English administrative law; a good deal of his recent work has concerned the constitutional implications of Brexit. He is the co-author of two textbooks: the fifth edition of Administrative Law (with Jason Varuhas) and the fifth edition of Public Law (with Robert Thomas), both of which are published by Oxford University Press. Public Law, the fifth edition of which was published in 2024, is the UK's best-selling title in its field. In addition, he is the author of The Constitutional Foundations of Judicial Review; based on his doctoral thesis, for which he was awarded a University of Cambridge Yorke Prize, the book addresses the interface between constitutional theory and the courts’ powers of judicial review.
Mark has also edited a number of collections of essays on public law-related topics: Effective Judicial Review: A Cornerstone of Good Governance (with Christopher Forsyth, Swati Jhaveri, Michael Ramsden, and Anne Scully-Hill), The Scope and Intensity of Substantive Review: Traversing Taggart’s Rainbow (with Hanna Wilberg), The Cambridge Companion to Public Law (with David Feldman), Public Law Adjudication in Common Law Systems: Process and Substance (with John Bell, Jason Varuhas and Philip Murray), The Unity of Public Law? Doctrinal, Theoretical and Comparative Perspectives (with Jason Varuhas and Shona Wilson Stark), The UK Constitution After Miller: Brexit and Beyond (with Jack Williams and Alison Young) and Common Law Constitutional Rights (with Kirsty Hughes). Further information on Mark's publications can be found on his personal website, and copies of many of his publications can be downloaded via his SSRN author page.
Personal website: www.markelliott.org
Selected publications
Books
Public Law (with Robert Thomas), 2024) 5th Edition
Public Law (with Robert Thomas), 2020) 4th Edition
Common Law Constitutional Rights (ed), 2020)

The Unity of Public Law? Doctrinal, Theoretical and Comparative Perspectives (with Jason Varuhas and Shona Wilson Stark) (eds), 2018)

The UK Constitution After Miller: Brexit and Beyond (ed), 2018)

Administrative Law: Text and Materials (with Jason Varuhas), 2017) 5th Edition

The Cambridge Companion to Public Law (with Professor David Feldman) (eds), 2015)

The Scope and Intensity of Substantive Review: Traversing Taggart's Rainbow (ed), 2015)

Beatson, Matthews and Elliott's Administrative Law: Text and Materials, 2011) 4th Edition
Effective Judicial Review: A Cornerstone of Good Governance (ed), 2010)

The Constitutional Foundations of Judicial Review, 2001)

Public Law (with Robert Thomas), 2017) 3rd Edition

Public Law Adjudication in Common Law Systems: Process and Substance (with John Bell, Jason Varuhas, Philip Murray) (eds), 2016)

Public Law (with Robert Thomas), 2014) 2nd Edition
Public Law (with Robert Thomas), 2011)
Beatson, Matthews and Elliott's Administrative Law: Text and Materials, 2005) 3rd Edition
Articles
" Nothing to See Here? Allister in the Supreme Court" (2024) 28 Edinburgh Law Review 95–102
"Constitutional Adjudication and Constitutional Politics in the United Kingdom: The Miller II Case in Legal and Political Context" (2020) 16 European Constitutional Law Review 625–646
"The United Kingdom’s constitution and Brexit: A 'constitutional moment'?" [2020] Horitsu Jiho 15–22
"The Supreme Court’s Judgment in Miller: In Search of Constitutional Principle" [2017] CLJ 257–288
"Political Pragmatism and Constitutional Principle: The European Union (Withdrawal) Act 2018" [2019] Public Law 37-60
"Judicial Power and the United Kingdom's Changing Constitution" (2017) 36 University of Queensland Law Journal 274–287
"Judicial Power in Normative, Institutional and Doctrinal Perspective: A Response to Professor Finnis"
"A tangled constitutional web: The black-spider memos and the British constitution’s relational architecture" [2015] Public Law 539-550
"Beyond the European Convention: Human Rights and the Common Law" (2015) 68 Current Legal Problems 000
"Understanding the British Human-Rights Debate" (2015) 35 Quaderni Costituzionali 000
"The Supreme Court and the Constitution" (2015) 5 United Kingdom Supreme Court Annual Review
"Constitutional legislation, European Union Law and the nature of the United Kingdom’s contemporary constitution" (2014) 10 European Constitutional Law Review 379-392
"Judicial Review Reform - The Report of the Joint Committee on Human Rights" [2014] UK Constitutional Law Association Blog
"Refections on the HS2 case: a hierarchy of domestic constitutional norms and the qualifed primacy of EU law" [2014] UK Constitutional Law Association Blog
"Justification, calibration and substantive judicial review: putting doctrine in its place" (working paper published in (2013) UK Constitutional Law Blog)
"The response of the Bingham Centre for the Rule of Law to the government's legal aid proposals" [2013] Judicial Review 223-236
"A Damp Squib in the Long Grass: The Report of the Commission on a Bill of Rights" [2013] European Human Rights Law Review 137-151
"A Human Rights Reality Check for the Home Secretary" (2013) UK Human Rights Blog
"Judicial review - why the Ministry of Justice doesn't get it" (2012) UK Constitutional Law Blog
"After Brighton: Between a Rock and a Hard Place" [2012] Public Law 619-628
"A right to administrative justice?" (2012) UK Constitutional Law Blog
"Tribunal Justice and Proportionate Dispute Resolution" [2012] CLJ 297-324
"The Brighton Declaration: where now for the Human Rights Act and the Bill of Rights debate?" (2012) UK Constitutional Law Group Blog
"Judicial review's scope, foundations and purposes: joining the dots" [2012] NZ L Rev 75-111
"The draft Brighton Declaration, the Human Rights Act, and the Bill of Rights debate" (2012) UK Constitutional Law Group Blog
"Law, politics and the draft Brighton Declaration" (2012) UK Human Rights Blog
"Interpretative Bills of Rights and the Mystery of the Unwritten Constitution" [2011] NZ L Rev 591-624
"Cart and Eba - the new tribunals system and the courts" (2011) UK Constitutional Law Blog
"A British Bill of Rights? Sounds great, until you remember that we are in Europe" (2011) 13 Parliamentary Brief 29
"The UK Bill of Rights Commission" (2011) UK Constitutional Law Blog
"Has the common law duty to give reasons come of age yet?" [2011] PL 56
"The 'war on terror', UK-style - The Detention and Deportation of Suspected Terrorists" (2010) International Journal of Constitutional Law 131
"Pretending you can make an aspiration into law" (2010) 12(7) Parliamentary Brief 15
"Pyrrhic Public Law: Bancoult and the Sources, Status and Content of Common Law Limitations on Prerogative Power" [2009] PL 697
"Taking Local Government Seriously: Democracy, Autonomy and the Constitution" [2009] CLJ 436
"The War on Terror and the United Kingdom's Unwritten Constitution" (2007) European Journal of Legal Studies
"Bicameralism, Sovereignty, and the Unwritten Constitution" (2007) 5 International Journal of Constitutional Law 370
"Legitimate Expectations and the Search for Principle: Reflections on Abdi and Nadarajah" [2006] JR 281
"Detention without trial and the 'war on terror'" (2006) 4 International Journal of Constitutional Law 553
"Asymmetric Devolution and Ombudsman Reform in England" [2006] PL 84
"Legitimate Expectation, Consistency and Abuse of Power" [2005] JR 281
"Parliamentary Sovereignty Under Pressure" (2004) 2 International Journal of Constitutional Law 545
"Unlawful Representations, Legitimate Expectations and Estoppel in Public Law" [2003] JR 71
"Embracing Constitutional Legislation: Towards Fundamental Law?" (2003) 54 NILQ 25
"The Legitimacy of Judicial Review" [2003] PL 286
"Developments Article: Anti-terrorism, Crime and Security Act 2001" (2003) 1 International Journal of Constitutional Law 334
"Parliamentary Sovereignty and the New Constitutional Order: Legislative Freedom, Political Reality and Convention" (2002) 22 LS 340
"Wednesbury and Proportionality: Complementary Principles of Substantive Review" [2002] JR 97
"The Human Rights Act 1998 and the Standard of Substantive Review" [2001] CLJ 301
"Scrutiny of Executive Decisions under the Human Rights Act: Exactly how Anxious?" [2001] JR 166
"The Rule of Law in Hong Kong: Immigrant Children, the Court of Final Appeal and the Standing Committee of the National People's Congress" (2000) 8 Asia-Pacific Law Review 53
"The Ultra Vires Doctrine in a Constitutional Setting: Still the Central Principle of Administrative Law" [1999] CLJ 129
"The Demise of Parliamentary Sovereignty? The Implications for Justifying Judicial Review" (1999) 115 LQR 119
Book Chapters
"Law, Politics and the Constitution" in Lewis Graham and Jenny Russell (ed(s)), Public Law and the UK Supreme Court ), pp. 000-000, forthcoming
"Constitutional Law" in Catherine Barnard, Janet O'Sullivan and Graham Virgo (ed(s)), What About Law, 2021)
"The Nature and Role of Common Law Constitutional Rights" (with Kirsty Hughes) in Mark Elliott and Kirsty Hughes (ed(s)), Common Law Constitutional Rights, 2020)

"The Fundamentality of Rights at Common Law" in Mark Elliott and Kirsty Hughes (ed(s)), Common Law Constitutional Rights, 2020)

"The United Kingdom Constitution" in Roger Masterman and Robert Schütze (ed(s)), The Cambridge Companion to Comparative Constitutional Law, 2019)

"Parliamentary sovereignty in a changing constitutional landscape" in Jeffrey Jowell and Colm O'Cinneide (ed(s)), The Changing Constitution, 2019)

"The Miller Tale: An Introduction" (with Jack Williams and Alison Young) in Mark Elliott (ed(s)), The UK Constitution After Miller: Brexit and Beyond, 2018)
"Through the Looking-Glass? Ouster Clauses, Statutory Interpretation and the British Constitution", Legislating Statutory Interpretation: Perspectives from the Common Law World, 2018)
"Introduction" (with Hanna Wilberg and Mark Elliott), The Scope and Intensity of Substantive Review: Traversing Taggart’s Rainbow, 2015), pp. 1-16
