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Email

aly23@cam.ac.uk

College Contact Details

Room: Room 2, 6 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. 

 

Publications

 

Books

Unchecked Power?: How Recent Constitutional Reforms Are Threatening UK Democracy, 2023)

ISBN:
1529233003
ISBN 13:
978-1529233001
Published Nov 2023

Turpin and Tomkins' British Government and the Constitution, 2021) 8th Edition

The Constitution of Social Democracy (ed) (Hart, 2020)

Co-editor(s):
Alan Bogg and Jacob Rowbottom
Publisher:
ISBN 13:
9781509916573
Published Jul 2020

Foundations and Future of Public Law (ed) (OUP, 2020)

Co-editor(s):
L Fisher and J King
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)

ISBN 13:
978-0-19-878374-9
Published Jan 2017

Sovereignty and the Law: Domestic, European and International Law Perspectives (ed), 2013)

Co-editor(s):
R Rawlings and P Leyland
ISBN 13:
9780199684069
Published Jun 2013

Parliamentary Sovereignty and the Human Rights Act , 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

"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

"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

"The Constitutional Implications of Brexit" [2017] European Public Law 757

Citation:
[2017] European Public Law 757
Published: Nov 2017

"'Would use of the prerogative to denounce the ECHR "frustrate"the Human Rights Act? Lessons from Miller.'" (2017) Public Law (Nov Sup) 150

Co-Author/s:
Gavin Phillipson
Citation:
(2017) Public Law (Nov Sup) 150
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

Co-Author/s:
Graham Gee
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

Co-Author/s:
N W Barber
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)

"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

Publisher:
Pages:
61-74
ISBN 13:
9781839704260
Published Jan 2024

"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 (Hart , 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 (Wolters Kluwer, 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 (Hart , 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 (CUP, 2020)

ISBN 13:
9781108766593
Published Sep 2020

"Populism and the United Kingdom. " in Sascha Hardt, Aalt Willem Heringa, and Hoai-Thu Nguyen (ed(s)), Populism and Democracy (Eleven International Publishing, 2020)

Publisher:
ISBN 13:
9789490947231
Published Apr 2020

"Fundamental Common Law Rights and Legislation" in M Elliott and K Hughes (ed(s)), Common Law Constitutional Rights (Hart, 2020), pp. 223-251

Publisher:
Pages:
223-251
ISBN 13:
9781509906864
Published Mar 2020

"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 (OUP, 2020)

ISBN 13:
9780198845249
Published Jan 2020

"The Relationship between Parliament, the Executive and the Judiciary", J Jowell and C O'Cinneade (eds) The Changing Constitution (Oxford University Press, 2019), pp. 325-357

Pages:
325-357
ISBN 13:
9780198806363
Published Jul 2019

"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) (Springer , 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 (Hart , 2019), pp. 175-197

Publisher:
Pages:
175-197
ISBN 13:
9781509920853
Published May 2019

"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' (CUP, 2019), pp. 35-57

Pages:
35-57
ISBN 13:
978-1-108-41758-7
Published Apr 2019

"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 (Hart Publishing, 2018)

"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 (Hart Publishing, 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' (CUP, 2018), pp. 125-138

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 (Cambridge University Press, 2017), pp. 324

Pages:
324
ISBN 13:
9781108419734
Published Nov 2017

"Proportionality " (with A L Young and G d Burca), S Vogenauer and S Weatherill (eds), General Principles of Law: European and Comparative Perspectives (Hart, 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 (Edward Elgar, 2017), pp. 198

Pages:
198
ISBN 13:
978 1 78254 639 9
Published Jul 2017

"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 (Hart, 2015), pp. 115-135

Publisher:
Pages:
115-135
ISBN 13:
9781849465915
Published Sep 2015

"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 (Cambridge University Press, 2014)

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 (Oxford University Press, 2013)

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 (Hart, 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 (Cambridge University Press, 2013)

Published Apr 2013

"Precedent" (with A L Young), D Hoffman (ed) The Impact of the UK Human Rights Act on Private Law (Cambridge University Press, 2011)

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 (Hart, 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

Co-Author/s:
A Sanger
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

Co-Author/s:
A Sanger
Published: Mar 2023

Privacy International in the Supreme Court: Jurisdiction, the Rule of Law and Parliamentary Sovereignty. (2019) 78 CLJ 490

Co-Author/s:
Mark Elliott
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

Co-Author/s:
Stephen Dimelow
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