Fellow advances public understanding of constitutional law

Friday 19 August 2022

A St Catharine’s Fellow has been drawing upon his legal expertise to help the general public and lawmakers understand the legal implications of political events. Professor Mark Elliott (1998), Professor of Public Law and Chair of the Faculty of Law at the University of Cambridge, has written a regular blog called Public Law for Everyone since 2013 and served as Legal Adviser to the House of Lords Constitution Committee (2015–19) – but saw interest in constitutional law peak in the UK over recent months.

He said, “There has been a marked increase in interest in constitutional matters since the 2016 Brexit referendum, with peaks and troughs depending on current affairs. This latest peak undoubtedly started with the publication of the Northern Ireland Protocol Bill in June, followed by the Bill of Rights Bill and then the resignation of the Prime Minister.”

“A common misconception is that the UK doesn’t have a constitution, and it is a shame that we do very little by way of civics or citizenship education in this country, which might inform and engage future generations of voters. With an uncodified constitution, we must rely to an extent on people playing by the rules even when these aren’t formally written down in one place. As we are finding out from events this year, this approach isn’t entirely risk free.”

Professor Elliott has contributed to a number of media outlets in recent weeks, including the BBC News Channel, BBC Radio 4 and BBC Radio Ulster, and his comments on current events have been reported on by newspapers and websites including The Times and The Guardian. After the second reading of the Northern Ireland Protocol Bill in the House of Commons, Professor Elliott was invited to appear on James O’Brien’s LBC radio show to discuss ministers’ argument that the ‘doctrine of necessity’ allows the UK unilaterally to renege on its undertakings in the Protocol. Reflecting on what the host described as "one of the most remarkable interviews" he'd ever conducted, Professor Elliott commented:

“The public understanding of law is a subject close to my heart, from my long-standing blog to the Constitutional Law Matters project. It is vital that people have a clear understanding of how things work so they can form their own views of the rights and wrongs of what’s happening in the world, including at Westminster. I try to keep my own political and personal opinions in the background and focus on equipping the public, media and legislators with the information they need so they can come to their own judgements.”

In addition to his contributions to discussions in the media, in early July Professor Elliott was invited to give oral evidence on the Bill of Rights Bill during a formal meeting of the House of Commons’ Justice Committee. Watch the session via Parliament.tv.

With the Northern Ireland Protocol Bill still in play, the European Union’s legal proceedings against the UK and uncertainty around the Bill of Rights, Professor Elliott looks forward to further opportunities to discuss public law with a wider audience in the weeks ahead.