This paper starts by discussing Alan Brudner's overall project: the project of inclusivity. It argues that the idea of inclusivity is problematic both conceptually and normatively, for three reasons. First, it is not clear that Brudner's aim to provide a unified theory of the liberal...

Brudner argues that liberal constitutionalism, or the rule of Law, requires the adoption of a written constitution, regulating the respective powers of court and legislature. In his analysis, the common law constitution is associated with a libertarian paradigm that gives way, in part, to an...

As the constitutionalisation of political life has been sweeping across the world, British legal scholars have felt emboldened to reconstruct the British constitution in the image of a modern constitutional framework of hierarchically-ordered fundamental law. This has resulted in a great deal of...

In his 1978 Chorley Lecture on ‘The Political Constitution', John Griffith presented a critical appraisal of contemporary trends in British constitutional thinking from a functional perspective. This lecture has recently been revived by a new generation of public law scholars as the founding...

The UK constitution is either theorised as a political constitution that is premised on the Westminster model of government or as a legal constitution that rests on moral principles, which the common law is said to protect. Both models conceive of democracy in procedural terms, and not in...

The financial crisis has required the state, not just in the UK, to intervene in the financial markets to an extent that is unprecedented. This paper focuses on the management of the crisis and its aftermath in the UK, focusing on the constitutional dimension. The financial crisis did not cause...

The original constitution of Economic and Monetary Union (EMU) rested on a neoliberal approach to interstate federalism à la Hayek. This approach appealed to political elites at the time of the Maastricht Treaty, promising to overcome the so-called ‘crisis of governability’ of the 1970s and...

This reply, written for a symposium in (2020) 11 Jurisprudence on Legislated Rights: Securing Human Rights Through Legislation (Cambridge University Press 2018, pb 2019), engages with the careful, constructive, and critical challenges of Timothy Endicott, Dimitris Tsarapatsanis, and Lael Weis....

This paper considers the character of moral peoplehood, our life as a people, and the rules and principles through which that life is expressed. In so far as those rules and principles take legal form, as determining the ground rules of association and denoting political rights and duties, this...