
Emeritus Rouse Ball Professor of English Law; Emeritus Fellow of Downing College
CV / Biography
Studied at Exeter College, Oxford 1972-76. Lecturer in Law 1976-89, Reader in Law 1989-92, University of Bristol; Visiting Fellow, Faculty of Law, Australian National University 1989; Barber Professor of Jurisprudence, The University of Birmingham 1992-2000 (Dean of Law 1997-2000); Legal Adviser to Parliamentary Joint Select Committee on Human Rights, Houses of Parliament, Westminster, and Professor of Law, The University of Birmingham 2000-04; Judge of the Constitutional Court of Bosnia and Herzegovina 2002-10 (a Vice-President of the Court 2006-09). Rouse Ball Professor of English Law 2004-18; Fellow of Downing College 2003-18. Chairman of the Faculty Board of Law and of the Faculty of Law, 2006-09; Acting Director of the Centre for Public Law, University of Cambridge, 2004-05; Director, 2016-18. Chairman of the Faculty of Social and Political Sciences, 2013-16. Miegunyah Distinguished Visiting Fellow, University of Melbourne, July-August 2006, and Senior Fellow, Melbourne Law School, University of Melbourne 2019; Sir John C. Smith Senior Visiting Scholar, School of Law, University of Nottingham, February 2010; President of Society of Legal Scholars for 2010-11; Specialist Adviser to Joint Select Committee on the Detention of Terrorist Suspects (Temporary Extension) Bills, March to June 2011; Fellow of the British Academy since 2006. Appointed Q.C. honoris causa 2008, and awarded the degree of Doctor of Laws honoris causa by the University of Bristol in 2013. Honorary Bencher of Lincoln’s Inn since 2003. Academic Associate of 39 Essex Chambers, London.
Publications
Books
The Cambridge Companion to Public Law (with Mark Elliott) (eds) (Cambridge University Press, 2015)
Law in Politics, Politics in Law (ed) (Hart Publishing, 2013)
English Public Law (ed) (Oxford University Press, 2009) 2nd Edition
English Public Law (ed) (Oxford University Press, 2004)
Civil Liberties and Human Rights in England and Wales (Oxford University Press, 2002) 2nd Edition
Corporate and Commercial Law: Modern Developments (with Frank Meisel) (eds) (Lloyd's of London Press, 1996)
Civil Liberties and Human Rights in England and Wales (Oxford University Press, 1993)
Criminal Investigation - Reform and Control (ed) (Barry Rose, 1991)
Criminal Confiscation Orders - The New Law (Butterworths, 1988)
The Law Relating to Entry, Search and Seizure (Butterworths, 1986)
Articles
"Prerogative Powers, Constitutional Principles and Legal Wrongs: Constitutional Implications of the Prorogation Judgment" (2020) 25(3) Judicial Review 210-227
"Counter-infection Methods and ECHR Article 5" (2020) 25 Judicial Review
"Sir John Grant McKenzie Laws, 1945-2020: A Tribute" [2020] Public Law 394-397
"A legitimate exercise of the judicial role" Summer 2019/20 Victoria Bar News Issue 166 p 32
"The Constitutional Impact of National Referendums and the UK's Secession from the EU" (2019) 31(1) European Review of Public Law/Revue Européenne de Droit Public 139-172
"Legislation which bears no law" Statute Law Review, 2015, advance access (26 Oct 2015)
"Statutory interpretation and constitutional legislation" (2014) 130 Law Quarterly Review 473-497
"Error of law and flawed administrative acts" [2014] Cambridge Law Journal 275-304
"The "new separation of powers", constitutionalism, and the regulation of public-private cooperation" (2013) 25(2) European Review of Public Law 597-617
"Error of law and the effects of flawed administrative decisions and rules" http://ssrn.com/abstract=2397203
"The nature and significance of "constitutional" legislation" (2013) 129 LQR 343-358
"UK Human Rights Litigation After the Iraq War" JURIST - Forum, Jan. 17, 2012
"'Which in your case you have not got': constitutionalism at home and abroad" [2011] Current Legal Problems 117-149
"Extending the Role of the Courts: the Human Rights Act 1998" Parliamentary History Vol. 30 Part 1
"Foreword" (2009) 5(1) Cambridge Student Law Review i-v
"The role of constitutional principles in protecting international peace and security through international, supranational and national legal institutions" (2008) 6(1) New Zealand Journal of Public and International Law 1-33
"Human Rights, Terrorism and Risk: the Roles of Politicians and Judges" [2006] Public Law 364-384
"Modalities of Internationalisation in Constitutional Law" (2006) 18(1) European Review of Public Law 131-158
"The Contribution of Human Rights to Improving Public Health" (2006) 120 Public Health 61-69
"Public Law and Freedom of Religion: General Conclusions" (2005) 17(1) European Review of Public Law 735-753
"Laudatio: The Rt Hon the Lord Woolf" (2005) 17(1) European Review of Public Law 819-823
"Renaming Cities in Bosnia and Herzegovina" (2005) 3(4) International Journal of Constitutional Law 649-662
"Terrorism, Human Rights and their Constitutional Implication" (2005) 1(3) European Constitutional Law Review 531-552
"None, one or several? Perspectives on the UK’s constitution(s)" (2005) 64(2) Cambridge Law Journal 329-351
"Injecting Law into Politics and Politics into Law: Legislative and Judicial Perspectives on Constitutional Human Rights" (2005) 35(2) Common Law World Review 103-127
"Can and should Parliament protect human rights?" (2004) 10(4) European Public Law 635-651
"The Impact of Human Rights on the Legislative Process" (2004) 25(2) Statute Law Review 91-115
"Politics in and out of the classroom" (2003) 8(1) Education, Public Law and the Individual 3-5
"Parliamentary scrutiny of legislation and human rights" [2002] Public Law 323-348
"Whitehall, Westminster and human rights" (2001) 21(3) Public Money & Management: Integrating Theory and Practice in Public Management 19-24
"Establishing the Legitimacy of Judicial Procedures for Protecting Human Rights" (2001) 13(1) European Review of Public Law 139-139
"Monism, dualism and constitutional legitimacy" (1999) 20 Australian Year Book of International Law 105-126
"Human dignity as a legal value - Parts I and II" [1999] Public Law 682-702 and [2000] Public Law 61-71
"Trespass, criminal law and the House of Lords" 1999 (4) Archbold News, May 12, 1999, pp. 6-8
"The Human Rights Act 1998 and Constitutional Principles" (1999) 19(2) Legal Studies 165-206
"Remedies for violations of Convention rights under the Human Rights Act" [1998] (6) European Human Rights Law Review 681-711
"The Developing Scope of Article 8 of the European Convention on Human Rights" [1997] (3) European Human Rights Law Review 265-274
"Supporting postgraduate study and research in law: the Humanities Research Board of the British Academy" SPTL Reporter, No. 14, Spring 1997, pp. 2-5
"Legal professional privilege in criminal investigations" Criminal Bar Association Newsletter, March 1996, pp. 6-7
"Human Rights Treaties, Nation States, and Conflicting Moralities" (1995) 1 Contemporary Issues in Law 61-85
"Discretions, Choices and Values" [1994] Public Law 279-293
"Courts, constitutions, and commentators–interpreting the invisible" (1993-94) 16 Holdsworth Law Review 37-61
"Public interest litigation and constitutional theory in a comparative perspective" (1992) 55 Modern Law Review 44-73
"Legalism and English administrative law: comment on Sterett" 17 Law & Social Inquiry 89-100 (1992)
"Introduction: the developing debate on policing law and management" (1991) 20 Anglo-American Law Review 1-14
"Regulating treatment of suspects in police stations: judicial interpretation of detention provisions in the Police and Criminal Evidence Act 1984" [1990] Criminal Law Review 452-471
"Public law values in the House of Lords" (1990) 106 Law Quarterly Review 246-276
"Democracy, the rule of law and judicial review" (1990) 19 Federal Law Review 1-30
"The nature of legal scholarship" (1989) 52 Modern Law Review 498-517
"Conveyancers and the proceeds of crime" [1989] Conveyancer and Property Lawyer 389-402
"Individual rights and legal values in proceeds of crime legislation - a comparative approach" (1989) 18 Anglo-American Law Review 261-288
"Tort liability of professional regulatory bodies" (1988) 6 Professional Practice Management 123-125
"Rights, capacity and social responsibility" (1988) 16 Anglo-American Law Review 97-116
"The King’s Peace, the Royal Prerogative and Public Order: the roots and early history of binding over powers" (1988) 47 Cambridge Law Journal 101-128
"Freezing defendants’ assets before drugs trials" (1987) 137 New Law Journal 456-460
"Procedural fairness and the General Medical Council" (1987) 3 Professional Negligence 155-160
"Liability of regulatory and disciplinary bodies" (1987) 3 Professional Negligence 23-33
"Confidentiality, privilege and fairness in disciplinary investigations" (1985) 1 Professional Negligence 193-197
"Access to clients' documents after the Police and Criminal Evidence Act 1984" Part 1, (1985) 1 Professional Negligence 24-29; Part 2, (1985) 1 Professional Negligence 67-72
"A new departure for injunctions: ill-gotten gains in bank accounts" (1983) 133 New Law Journal 926-928
"Declarations and the control of prosecutions" [1981] Criminal Law Review 25-37
"Arrest by any other name" [1979] Criminal Law Review 702-707
"Inflation and the duty to mitigate" (1979) 95 Law Quarterly Review 270-286
"Injunctions and the criminal law" (1979) 42 Modern Law Review 369-388
"Capital transfer tax: a note on exemptions" [1977] British Tax Review 164-172
Book Chapters
"Orthodox principles and unconventional outcomes in public law" in Rosemary Hunter and Erika Rackley (ed(s)), Justice for Everyone: The Jurisprudence and Legal Lives of Brenda Hale (CUP, 2022), pp. 255-268
"Marriage, identity and the European Court of Human Rights" in Jill Marshall (ed(s)), Personal Identity and the European Court of Human Rights (Routledge, 2022), pp. 131-151
"Anisminic in retrospect" in TT Arvind, Richard Kirkham, Daithí Mac Sithigh and Lindsay Stirton (ed(s)), Executive Decision-Making and the Courts: Revisiting the Origins of Modern Judicial Review (Hart Publishing, 2021), pp. 115-137
"Preface" (with Nigel Pleming) in John Laws (ed(s)), The Constitutional Balance (Hart Publishing, 2021), pp. ix-xx
"Political Practice and Constitutional Change" in Xenophon Contiades and Alkmene Fotiadou (ed(s)), Routledge Handbook of Comparative Constitutional Change (Routledge, 2020), pp. 277-296
