Publications
2025 (forthcoming)
Leading Works in the History of the Constitution (Routledge 2025) (editor)
‘The Act of Settlement 1701’ in Chris Monaghan (ed), Leading Works in Constitutional History (Routledge 2025)
‘The depiction of the British constitution in caricature, 1784-1819’ (with Robert Thomas) in Chris Monaghan (ed), Leading Works in Constitutional History (Routledge 2025)
Understanding Accountability: New Perspectives on a Fractured World (Routledge 2025) (edited with Gergana Dimova and Matthew Flinders)
Teaching of Rights and Justice in the Law School: Challenges and Opportunities for Research Led Teaching (Routledge 2025) (edited with Stephen Hurley)
‘The changing experience of teaching Public Law since 2010: New Labour, a novel coalition government, the Scottish referendum, Brexit and the trampling of constitutional norms’ in Chris Monaghan and Stephen Hurley (eds), Teaching of Rights and Justice in the Law School: Challenges and Opportunities for Research Led Teaching (Routledge 2025)
‘UK politics and Human Rights: From New Labour’s Human Rights Act 1998 to the Conservative’s Bill of Rights Bill’ (with Josie Welsh) in Chris Monaghan and Stephen Hurley (eds), Teaching of Rights and Justice in the Law School: Challenges and Opportunities for Research Led Teaching (Routledge 2025)
2024
·‘How to Weaken Executive Accountability: Trump v United States’ (2024) Judicial Review.
‘Controversial Judicial Decisions and Security of Tenure: Reflections on Trump v United States, the Miller Litigation, and the Attempt to Remove Sir John Donaldson in the 1970s’ (2024) Judicial Review.
‘Review of the United Kingdom’ in Albert R et al (eds) (2024) The 2023 International Review of Constitutional Reform.
‘Review of the United Kingdom’ in Albert R et al (eds) (2024) The I·CONnect- 2023 Global Review of Constitutional Law.
Challenges and Prospects for the Chagos Archipelago (Routledge 2024) (edited with Mairi O’Gorman and Laura Jeffery).
‘The British courts and the Chagos story: an exercise in colonial justice’ in Jeffery L, Monaghan C, and O’Gorman M (eds) Challenges and Prospects for the Chagos Archipelago (with Satvinder Juss).
Impeachment in a Global Context: Law, Politics and Comparative Practice (Routledge 2024) (edited with Matthew Flinders and Aziz Huq).
British Origins and American Practice of Impeachment (Routledge 2024) (edited with Matthew Flinders).
‘Impeachment in the United Kingdom:’ in Monaghan C, Flinders M and Huq A (eds), Impeachment in a Global Context: Law, Politics and Comparative Practice (Routledge 2024).
‘The Nineteenth Century and Beyond: The Existence of the Threat of Impeachment’ in Monaghan, C and Flinders (eds), M. British Origins and American Practice of Impeachment (Routledge 2024).
‘Impeachment during the Fourteenth and Fifteenth Centuries’ in Monaghan, C and Flinders (eds), M. British Origins and American Practice of Impeachment (Routledge 2024).
2023
‘Review of the United Kingdom’ in Albert R et al (eds) (2023) The 2022 International Review of Constitutional Reform.
‘Review of the United Kingdom’ in Albert R et al (eds) (2023) The I·CONnect- 2022 Global Review of Constitutional Law.
‘THE INTRICACIES OF DICTA AND DISSENT, by Neil Duxbury’ (2023) 33(6) The Law and Politics Book Review 83-88.
Questions of Accountability: Prerogatives, Power and Politics (with a foreword by Lord Neuberger) (Hart Publishing 2023) (edited with Matthew Flinders).
‘Questions of Control: Accountability in the Shadow of Prorogation’ in Monaghan, C and Flinders, M (eds), Questions of Accountability: Prerogatives, Power and Politics (with a foreword by Lord Neuberger) (Hart Publishing 2023) (co-authored with Josie Welsh).
‘Accountability Matters’ in Monaghan, C and Flinders, M (eds), Questions of Accountability: Prerogatives, Power and Politics (with a foreword by Lord Neuberger) (Hart Publishing 2023) (co-authored with Matthew Flinders).
‘Questions Still to be Answered’ in Monaghan, C and Flinders, M (eds), Questions of Accountability: Prerogatives, Power and Politics (with a foreword by Lord Neuberger) (Hart Publishing 2023) (co-authored with Matthew Flinders).
‘The fight to achieve full decolonisation: Mauritius versus the United Kingdom’ in G. Baldacchino (ed), Mice that Roar: Small States ‘getting the better’ of Large(r) States (Routledge 2023).
‘Returning to Bancoult’ (2023) 27(4) Judicial Review 337
‘Margit Cohn, A Theory of the Executive Branch: Tension and Legality (Oxford University Press 2021) i-xi, pp 1-329’ (2023) (1) Public Law 154-157
2022
‘Review of the United Kingdom’ in Albert R et al (eds) (2022) The I·CONnect- 2021 Global Review of Constitutional Law.
‘A Question of Justiciability: Did the Prime Minister misdirect himself as to the meaning of bullying within the Ministerial Code? R (on the application of the FDA) v The Prime Minister and Minister for the Civil Service [2021] EWHC 3279 (Admin)’ (2022) 27(3) Judicial Review 264
Accountability, Impeachment and the Constitution: The Case for a Modern Process in the United Kingdom (Routledge 2022)
‘Party-gate as a Ground for Impeachment? Perhaps, But We Need to Modernise Impeachment Before It Is Fit For Purpose’, U.K. Const. L. Blog (26th January 2022). Re-published in an updated version by Counsel Magazine, March 2022.
‘What ever happened to impeachment in the United Kingdom? Accountability, history and the decline of parliamentary impeachment’, PSA Parliaments Blog, 20th January 2022.
‘Reimagining impeachment: A new blueprint for our challenging times’, U.K. Const. L. Blog (12th January 2022).
‘The Owen Paterson Scandal: Standards, Trust and Democratic Norms’, Political Studies Association Blog, 16th November 2021 (with Caroline Bhattacharya and Alexandra Meakin)
2021
Public Law (Routledge 2021)
‘“The Court of Appeal […] appears to have overlooked the limitations to its competence, both institutional and constitutional, to decide questions of national security”: Shamima Begum, the Supreme Court and the relationship between the judiciary and the exe’ (2021) (26)(2) Judicial Review 134
‘Challenging the United Kingdom’s decision not to support the resettlement of the Chagos Islands: R (on the application of Hoareau and Bancoult) v Secretary of State for Foreign and Commonwealth Affairs [2020] EWCA Civ 1010’ (2021) 26 (1) Judicial Review 62
2020
‘Reflections on the United Kingdom’s assertion of sovereignty over the Chagos Archipelago in the wake of the Chagos Advisory Opinion’ in T Burri and J Trinidad (eds), The International Court of Justice and Decolonization: New Directions from the Chagos Advisory Opinion (Cambridge University Press, 2020).
‘The Trial of Warren Hastings: Classical Oratory and Reception in EighteenthâCentury England. By Chiara Rolli. London: Bloomsbury Academic. 2019.’ (2020) 43(4) Journal for Eighteenth-Century Studies 544.
2019
‘The prorogation litigation: "which was as if the Commissioners had walked into Parliament with a blank piece of paper"’ [2019] 24(2) Coventry Law Journal 7-24.
2018
‘An empirical review of the use of the Fraud Act 2006 and other criminal offences within the school application system’ in Monaghan C and Monaghan N (eds.) Financial Crime and Corporate Misconduct: A Critical Evaluation of Fraud Legislation (Routledge 2018)
‘A critical commentary on the Fraud Act 2006’ in Monaghan C and Monaghan N (eds.) Financial Crime and Corporate Misconduct: A Critical Evaluation of Fraud Legislation (Routledge 2018)
Fifty Years of The British Indian Ocean Territory: Legal Perspectives (Springer 2018) (with Stephen Allen)
‘An imperfect legacy: the significance of the Bancoult litigation on the development of domestic constitutional jurisprudence’ in Allen, S and Monaghan, C (eds.) Fifty Years of The British Indian Ocean Territory: Legal Perspectives (Springer 2018)
‘Michael Gordon, Parliamentary Sovereignty in the UK Constitution: Process, Politics and Democracy’ (2018) 16(2) Political Studies Review 83
‘Andrew Blick, The Codes of the Constitution’ (2018) 16(2) Political Studies Review 84
2016
‘David Chan Smith. Sir Edward Coke and the Reformation of the Laws: Religion, Politics and Jurisprudence, 1578-1616’ (2016) 36(1) Legal Studies 163
2015
Monaghan C, ‘School Application Forms and the Criminal Law’ [2015] 4 Criminal Law Review 270-277
Monaghan C, ‘Hounga v. Allen at the Supreme Court: The defence of illegality in race discrimination cases and the competing public interest in preventing the exploitation of illegal immigrants’ [2015] 15 (3) International Journal of Discrimination and the Law 178-188
Blueprints Constitutional and Administrative Law (Pearson: 2015)
Beginning Business Law (Routledge: 2015)
‘Joseph, R. The War Prerogative: History, Reform, and Constitutional Design’ [2015] (13) (2) Political Studies Review 296-297
2014
‘The Marine Protected Area and WikiLeaks: R (Bancoult) v Secretary of State for Foreign & Commonwealth Affairs (No. 3) [2014] EWCA Civ 708’ [2014] (19) 3 Judicial Review 151-159
‘Royal remains, the Burial Act 1857 and is there a common law duty to consult’ [2014] 19(1) Coventry Law Journal 51-55
‘The aggrieved blogger and the local authority chief executive: can the use of the term slush fund be anything but defamatory’ [2014] 19(1) Coventry Law Journal 62-66
‘Bamforth, N & Leyland, P. Accountability in the Contemporary Constitution’ [2014] Common Law World Review 272-277
‘Horne A, Drewry G & Oliver D (eds.) Parliament and the Law’ [2014] 34(2) Legal Studies 361-369
2013
‘Judicial Discretion, Parliament and Executive Accountability in the Twenty-first Century’ [2013] 18(4) Judicial Review 388-402
‘The Chagossians go to Strasbourg’ [2013] (3) European Human Rights Law Review 314-325
Beginning Contract Law (Routledge 2013) (with Nicola Monaghan)
‘The Beecroft Report, the Enterprise and Regulatory Reform Act 2013, the employee share scheme and beyond: are recent proposals a controversial panacea or an erosion of employees' rights?’ [2013] The Company Lawyer 305-312
‘Where to bury Richard III? Judicial review and the ‘ownership’ of a king’s remains’ [2013] 18(2) Coventry Law Journal 33-42
2012
Dissenting Judgments in the Law: with a foreword by Lord Nicholls of Birkenhead (Wildy, Simmonds and Hill 2012) (edited with Neal Geach)
‘Lord Mance’s dissent in R (Bancoult) v Secretary of State for Foreign & Commonwealth Affairs (No2) [2008] UKHL 61’ in Monaghan, C. & Geach, N (eds.) Dissenting Judgments in the Law: with a foreword by Lord Nicholls of Birkenhead (Wildy, Simmonds and Hill: 2012) 239-262
‘Lord Hobhouse’s dissent in R v Hinks [2000] UKHL 53’ in Monaghan, C. & Geach, N (eds.) Dissenting Judgments in the Law: with a foreword by Lord Nicholls of Birkenhead (Wildy, Simmonds and Hill: 2012) 289-316
‘Lord Bingham’s dissent in Golden Straight Corpn v Nippon Yusen Kubishika Kaisha (The Golden Victory) [2007] UKHL 12’ in Monaghan, C. & Geach, N (eds.) Dissenting Judgments in the Law: with a foreword by Lord Nicholls of Birkenhead (Wildy, Simmonds and Hill: 2012) 105-124
‘Illegal contracts and discrimination’ [2012] 12 (6) International Journal of Discrimination and the Law 109-116
‘Justifying direct age discrimination: when will a mandatory retirement age not amount to direct age discrimination? Seldon v Clarkson Wright and Jakes [2012] UKSC 16’ [2012] (6) Journal of Business Law 479 - 485
‘Voluntary Harmonisation of European Sales Law? The Common European Sales Law and the effect it will have on cross-border transactions’ [2012] (33) The Company Lawyer 111-114
‘The recovery of losses for a lawful withdrawal of a vessel under a time charterparty: Petroleo Brasileiro S.A v E.N.E. Kos 1 Limited [2012] UKSC 17’ [2012] BPP University Research Paper 1-12
‘Letters of credit and disputes about jurisdiction and choice of law: Petrologic Capital SA v Banque de Genève & another [2012] EWHC 454 (Comm)’ [2012] BPP University Research Paper 1-8
2011
‘In Defence of Intrinsic Human Rights: Edmund Burke’s controversial prosecution of Warren Hastings, Governor-General of Bengal’ [2011] (2) Law, Crime and History 58-107
'The status of the seller in the age of eBay' [2011] (20) Information & Communications Technology Law 103-114
‘Hayton and Mitchell: Commentary and Cases on the Law of Trusts and Equitable Remedies’ [2011] 25(4) Trust Law International 231-233
‘Fraud and the Juror’ [2011] Dictum 32
2010
'To prosecute or not prosecute: A reconsideration of the over zealous prosecution of parents under the Fraud Act 2006', [2010] (74) Journal of Criminal Law, 259 - 278
‘When does imitation become passing off?’ [2010] (31) The Company Lawyer 188
‘Fraudsters? Putting parents in the dock’ [2010] Criminal Law and Justice Weekly
‘Twelve empty seats: Reflections on judge only trials after jury tampering’ [2010] (1) Criminal Bar Quarterly 10 (with Nicola Haralambous)
2009
‘Fraudulent Education’ [2009] (173) Criminal Law and Justice Weekly 812
‘Wide of the mark’ [2009] (153) Solicitors Journal 12
‘Consumer rights and wrongs’ [2009] (159) New Law Journal 1377
Conference Papers
‘“As British.. as Fish and Chips”? Just how committed is the United Kingdom to the rule of law when it comes to international law.’, International Law in the UK: A Troubled Relationship, 8 November 2024, University of Worcester, Worcester, UK.
‘Extreme Times and Constitutional Imagination: The Franco-British Union of 1940 and what might have been’, 120 Years of Entente Cordiales, University Panthéon-Assas, Paris, 23-24thMay 2024.
‘So, you want to safeguard the constitution? Rethinking accountability and the role of academics’, presented at the UKCLA Constitutional Accountability conference, University of Liverpool, September 2023.
‘The Rule of Law and the Protection of Constitutional Rights: Magna Carta, Begum, Unison and beyond’, presented at the Rights and Justice: In Theory and Practice conference, University of Worcester, September 2023.
‘Justice in a Changing Constitutional Landscape’ (with Dr Josie Welsh), presented at the Rights and Justice: In Theory and Practice conference, University of Worcester, September 2023.
‘UK politics and Human Rights: From New Labour’s Human Rights Act 1998 to the Conservative’s Bill of Rights Bill’ (with Dr Josie Welsh), presented at the Teaching of Rights and Justice in the Law School: Challenges and Opportunities for Research Led Teaching workshop, University of Worcester, June 2023.
‘Embedding human rights as part of the Law Degree: Challenges, opportunities and promoting social responsibility’ presented at the University of Worcester Student Experience Conference, June 2023.
‘The “British” Courts and the Chagos Story: British Justice, Colonial Mindsets, and Finding a Voice (Dr Chris Monaghan and Professor Satvinder Juss)’ presented at the Challenges and Prospects for the Chagos Archipelago Conference, University of Worcester and University of Edinburgh, May 2023.
‘The changing experience of teaching Public Law since 2010’ presented at Reimagining Public Law: Teaching the constitution in a permacrisis, University of Birmingham, May 2023 (invited speaker).
‘Moral Accountability’ (Dr Chris Monaghan and Professor Matthew Flinders) presented at the Accountability with Adjectives Workshop, University of Sheffield and University of Worcester, April 2023.
‘Reflecting on a constitutional controversy: new perspectives on the House of Lords’ decision in R (on the application of Bancoult) v Secretary of State for Foreign and Commonwealth Affairs (No.2) [2008] UKHL 61’ presented at the ICON Society Annual Conference, University of Wroclaw, July 2022.
‘Power and the Constitution’, ICON Great Britain and Ireland Chapter Conference, Trinity College Dublin, April 2022 (with Josie Welsh)
‘Checking Executive Power: The Possible Role for Impeachment and the Constitution’ presented at the Political Studies Association Annual Conference, University of York, April 2022.
‘What ever happened to impeachment in the United Kingdom? Accountability, history and the decline of parliamentary impeachment’ PSA Parliaments Annual Conference, University of Birmingham, November 2021.
‘Questions of Control: Accountability in the Shadow of Prorogation’ Questions of Accountability Conference, University of Worcester and University of Sheffield, November 2021 (with Josie Welsh).
‘Looking again at Miller No.2’ presented the 25th Anniversary of the Coventry Law Journal Conference, Coventry University, October 2021.
‘What are the comparative lessons for how a reformed version of impeachment might operate in the United Kingdom?’ presented at the Global Constitutional Forum, University of Texas, January 2021.
‘A proposal for reviving impeachment within the United Kingdom's constitution: an accountability mechanism or a historical relic?’ presented at the Society of Legal Scholars Conference, University of Exeter, September 2020.
‘University of Worcester’s Women’s Legal History Project’ (with Professor Sarah Greer, Daniel Maiden, Mollie Sheehy and Georgie Cooper), presented at the Association of Law Teachers Conference, Keele University, March 2018
‘Beyond the appropriate boundaries of criminalisation. An empirical review of the use of the Fraud Act 2006 and other criminal offences within the school application system’, presented at The Fraud Act 2006 – Ten Years On workshop, University of Worcester, January 2017
‘Peacham’s Case and the Case of Commendams: Sir Edward Coke CJ’s defence of judicial independence and ultimate dismissal’, presented at the British Legal History Conference, University of Reading, July 2015
‘Revisiting Lord Mance’s dissent in R (Bancoult) v Secretary of State for Foreign and Commonwealth Affairs (No.2) in the 800th year of Magna Carta’, presented at the Chagos Litigation: A Socio-Legal Dialogue Conference, June 2015
‘Public Law beyond the classroom: exploring opportunities for engagement and interaction – how can we prepare for the next fifty years of legal education?’, presented at the Association of Law Teachers Conference, Cardiff, March 2015
‘Public Law in Context – practical approaches to teaching and engaging students in the classroom’, presented at the Annual Learning and Teaching Conference, University of Greenwich, January 2015
‘Twitter and Higher Education – How to engage with fellow academics and students?’ (with Zoe Swan), presented at the Annual Learning and Teaching Conference, University of Greenwich, January 2015
‘The socio-legal legacy of the Chagos litigation’, presented at the Socio-Legal Studies Association Conference, Robert Gordon University, April 2014
‘Salvaging impeachment - is there any merit in reviving impeachment for the United Kingdom's Constitution?’, presented at the Society of Legal Scholars Conference, University of Bristol, September 2012
‘Coalition Government, The Spending Cuts and Executive Accountability under the UK Constitution’, presented at the Socio-Legal Studies Association Conference, De Montfort University, April 2012
‘The seven year long Impeachment Trial of Warren Hasting, Governor-General of Bengal and complicit facilitator-in-chief’, presented at the Society of Legal Scholars Conference, University of Southampton, September 2010
‘Once More unto the Breach, Dear Friends, Once More; the Continuing Saga of Anti-Doping and Strict Liability’ (with John O’Leary), presented at the Socio-Legal Studies Association Conference, University of the West of England, April 2010
Public Lectures, Panel Discussions and Research Seminars
The Role of the Judiciary in the 17th Century.In: Battle of Worcester Society, 29 October 2024, The Glass Room, The Hive, Worcester.
Impeachment: An Online Discussion of its use in the United States and its British Origins.In: University of Worcester’s Constitution, Rights and Justice Research Group, 6pm (UK Time), 2 October 2024, Online. (Unpublished)
Muddling-Through: How the UK responds to periods of political turmoil.In: Pint of Science Festival 2024: Who makes the rules? Brief Lessons on the UK constitution, 14 May 2024, Francini Cafe de Colombia, 14 Angel Place, Worcester WR1 3QN. (Unpublished)
· ‘Book Launch: Impeachment in a Global Context’, Harvard University, 8 February 2024 (speakers Gerald L. Neuman, Imelda Deinla, and Aziz Z. Huq).
‘Impeachment, the Stuarts, and the road to the English Civil War: what can the seventeenth century tell us about how impeachment might operate today’ The Battle of Worcester Society, The Commandery, Worcester, August 2022
‘Colonial Mindsets and the Legacy of Empire: The United Kingdom, Mauritius and the Chagos Islands’ The Hive, Worcester, June 2022.
‘Wargaming a hypothetical impeachment under the proposed Impeachment Act’, Research Seminar, King’s College London, February 2022.
‘Ukraine Discission Panel’ University of Worcester, March 2022 (with Nicoleta Cinpoes and Dr Paddy McNally).
‘How might a modern impeachment process work in the United Kingdom? Exploring the blueprint for a revised procedure’ Study of Parliament Group Annual Conference, University of Oxford, January 2022 (Poster presentation).
‘Presidential Accountability – the problems and use of impeachment’, Questions of Accountability Conference, University of Worcester, November 2021 (panel discussion) (with Frank Bowman, Karen Popp, Richard Albert and Joshua Matz).
‘Impeachment reimagined: Drawing upon history to empower the UK House of Commons’, Osgoode Society for Canadian Legal History, University of Toronto, October 2021.
‘Using oral history to add new perspectives to the Bancoult litigation’, Summer Research Workshop, University of Worcester, July 2021.
‘Re-imagining Impeachment within the United Kingdom’s Constitutional System’ School of Humanities Research Seminar, University of Worcester, September 2020.
‘Women’s Legal History – A Centenary of the Sex Disqualification (Removal) Act 1919’ (with Professor Rosemary Auchmuty, Professor Sarah Greer, Georgie Cooper and Samuel Evans), University of Worcester, February 2020
Before 2020
‘The Chagos Litigation: Panel Discussion’ (Convener) University of Worcester, November 2019
‘Impeachment within a medieval context’ School of Humanities Research Seminar, University of Worcester, October 2019
‘The United Kingdom’s constitution in flux – can the courts resolve this ‘constitutional crisis’?’ Democracy Day (with HH Toby Hooper QC, Bill Davies, Samuel Evans and Josie Kemeys) University of Worcester, September 2019
‘The Bancoult litigation at the UK Supreme Court’ School of Law Research Seminar, University of Worcester, November 2017
‘Access to Justice as a fundamental legal principle and Tribunal Fees: panel discussion on the UK Supreme Court’s decision in the UNISON case (R (on the application of UNISON) v Lord Chancellor [2017] UKSC 51)’ (with HH Toby Hooper QC and Stephen Hurley), University of Worcester, October 2017
‘The Chagos Archipelago: International Law, Human Rights and the Legacy of Colonialism’ delivered a guest lecture for the Open University’s LLM programme, 30 June 2017
‘Enemies of the People?’ Hay International Festival (30 May 2017) (with HH Toby Hooper QC, Professor Penny Darbyshire, David Shaw and Bill Davies)
‘An analysis of the decision in R (on the application of Miller) v Secretary of State for Exiting the European Union [2016] EWHC 2768 (Admin) (The Article 50 Case)’ (with HH Toby Hooper QC), University of Worcester, December 2016
‘The 400th Anniversary of the Dismissal of Sir Edward Coke – a Reappraisal’, School of Law Research Seminar, University of Worcester, November 2016
‘The implications of BREXIT’ Panel Discussion, University of Worcester, November 2016
‘The Future of the United Kingdom – Constitutional Revolution, Devolution and Scope for Confusion?’, Staff Research Seminar, University of Greenwich, November 2014
‘Using Twitter as part of your professional practice’ (with Zoe Swan), University of Greenwich, September 2014
‘Dissenting Judgments – the importance of dissent in English Law’ (with Professor Ian Loveland, Professor Catharine MacMillan, Neal Geach), Fresh Perspectives on the Law, BPP University, June 2013
‘The Chagos Islands – the Ultimate Stretching on the Prerogative’, Fresh Perspectives on the Law, BPP University, October 2012
November 2012 (Doughty Street Chambers & Urban Lawyers) – panel discussion on Commercial Law and practice
‘The proposed new Common European Sales Law – a first step towards a compulsory European Contract Law or a positive step in protecting consumers and small businesses?’, BPP University, March 2012
Media Appearances
Interviewed on Free Radio Worcestershire and Herefordshire about the triggering of Article 50.
Interviewed on Free Radio Worcestershire and Herefordshire about the decision in R (Miller) v Prime Minister.