Samuel Willis is a contributor to a new book, Public Law and the UK Supreme Court: Key Cases and Decisions, which has been published today.
The book was commissioned to mark the first 15 years of the UK Supreme Court. The volume brings together expert commentators across different fields of public law to comment on key decision by the UKSC across constitutional law, administrative law and judicial review, and human rights.
Samuel contributed a chapter on a relatively under-scrutinised topic in UK constitutional law, namely the power of courts to suspend disapplication of provisions of domestic law that are incompatible with EU law. This is an important power, given the potentially dramatic consequences of the disapplication of legislative schemes.
Notwithstanding the UK’s exit from the EU, the constitutional questions raised by this power remain relevant given the primacy of the Withdrawal Agreement, including the Windsor Framework, in UK law. Samuel’s analysis of the power, and constitutional explanations for the existence of this power, may be relevant to future disputes about the application of Article 2(1) of the Windsor Framework.
The book is edited by Lewis Graham (University of Manchester) and Jenny Russell (King’s College London), and can be purchased directly from the Routledge here and from other academic and legal booksellers.
