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December 11, 2019|Boris Johnson, Brexit, English Constitution, Fixed Term Parliaments Act, Westminster System

Constitutional Change Made Easy, UK Edition

by Abram N. Shulsky|

(Photo by Melinda Nagy, Shutterstock.com)
Did the flexibility of the UK's unwritten constitution facilitate changes that have made governing almost impossible?

October 28, 2019|Boris Johnson, Brexit, English Constitution, European Union

Brexit Shenanigans and the Old English Constitution

by Helen Dale|

Britain's Prime Minister Boris Johnson looks up as he meets with fundraisers for the Royal British Legion outside 10 Downing street on October 28, 2019. (Photo by ISABEL INFANTES/AFP via Getty Images)
Helen Dale discusses Brexit, the English Constitution, and the future of British politics.

March 1, 2019|British Foreign Policy, Catholic Emancipation, Congress of Vienna, Corn Laws, English Constitution, free trade, Ireland, Lord Liverpool, Napoleonic Wars, Peterloo Massacre

Lord Liverpool & the British Tradition of Strategic Independence: A Conversation with William Anthony Hay

by William Anthony Hay|

William Anthony Hay talks about Lord Liverpool's excellent statesmanship.

January 12, 2018|English Constitution, The Crown, Walter Bagehot, Winston Churchill

The Crown Must Win

by Richard M. Reinsch II|

Queen Elizabeth II (Claire Foy) in Netflix's The Crown
In The Crown, the ideology of autonomy and endless emancipation, one that has shaped the post 1968 imagination, stands under judgment.

January 31, 2017|Brexit, Edmund Burke, English Constitution, European Union, UK Supreme Court

UK Supreme Court Ruling Brings Greater Legitimacy to Brexit

by Mark L. Movsesian|

Supreme Court of the United Kingdom

Last week, in an 8-3 vote, the UK Supreme Court ruled that the Government of Prime Minister Theresa May must seek new legislation before starting negotiations to leave the EU—the so-called Brexit. The Prime Minister had argued that, in light of last June’s referendum in favor of Brexit, and pursuant to the Crown’s sole authority to make and withdraw from international treaties, she could commence negotiations without further legislative action. But the court held that withdrawing from the EU would effect a change in domestic law and that, under the British Constitution, the government may not take such action without parliamentary authorization. The June referendum in favor of Brexit was not legally binding; a new statute would be necessary.

The ruling was not unexpected. May’s Government already had prepared draft legislation, which it presented to Parliament a couple days after the decision came down. The legislation seems very likely to pass in some form. Although the Government resisted having to go to Parliament, undoubtedly because of the possibility of delaying tactics and other obstacles, on balance it seems a good thing. In the long run, Brexit will be seen as more legitimate if Parliament formally votes on it, with members of the Government and the opposition going on record. 

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Book Reviews

A Mirror of the 20th-Century Congress

by Joseph Postell

Wright undermined the very basis of his local popularity—the decentralized nature of the House—by supporting reforms that gave power to the party leaders.

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The Graces of Flannery O'Connor

by Henry T. Edmondson III

O'Connor's correspondence is a goldmine of piercing insight and startling reflections on everything from literature to philosophy to raising peacocks.

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Liberty Classics

Rereading Politica in the Post-Liberal Moment

by Glenn A. Moots

Althusius offers a rich constitutionalism that empowers persons to thrive alongside one another in deliberate communities.

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James Fenimore Cooper and the American Experiment

by Melissa Matthes

In The American Democrat, James Fenimore Cooper defended democracy against both mob rule and majority tyranny.

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Podcasts

Stuck With Decadence

A discussion with Ross Douthat

Ross Douthat discusses with Richard Reinsch his new book The Decadent Society.

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Can the Postmodern Natural Law Remedy Our Failing Humanism?

A discussion with Graham McAleer

Graham McAleer discusses how postmodern natural law can help us think more coherently about human beings and our actions.

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Did the Civil Rights Constitution Distort American Politics?

A discussion with Christopher Caldwell

Christopher Caldwell discusses his new book, The Age of Entitlement.

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America, Land of Deformed Institutions

A discussion with Yuval Levin

Yuval Levin pinpoints that American alienation and anger emerges from our weak political, social, and religious institutions.

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About

Law & Liberty’s focus is on the classical liberal tradition of law and political thought and how it shapes a society of free and responsible persons. This site brings together serious debate, commentary, essays, book reviews, interviews, and educational material in a commitment to the first principles of law in a free society. Law & Liberty considers a range of foundational and contemporary legal issues, legal philosophy, and pedagogy.

The opinions expressed on Law & Liberty are solely those of the contributors to the site and do not reflect the opinions of Liberty Fund.
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