Mark Elliott

@profmarkelliott.bsky.social

6.6K followers 360 following 300 posts

Professor of Public Law, University of Cambridge. Fellow, St Catharine's College, Cambridge. Blog: www.publiclawforeveryone.com. Website: www.markelliott.org

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Mark C. Elliott is the Mark Schwartz Professor of Chinese and Inner Asian History at Harvard University, where he is Vice Provost for International Affairs. He is also a seminal figure of the school called the New Qing History. .. more

Political science 51%

Law 27%

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Mark Elliott @profmarkelliott.bsky.social · 5d

New post: Tyranny, anarchy and the rule of law: Reflections on a major report by the Constitution Committee

publiclawforeveryone.com/2025/11/20/t...

Tyranny, anarchy and the rule of law: Reflections on a major report by the Constitution Committee

The House of Lords Constitution Committee’s new report on the rule of law provides an excellent overview of the concept and of the many challenges it finds itself under in the UK today. But the rep…

publiclawforeveryone.com

Mark Elliott @profmarkelliott.bsky.social · 5d

Simon Jenkins claims in the Guardian that it would be a 'democratic outrage' if the House of Lords were to block the Terminally Ill Adults Bill: www.theguardian.com/commentisfre...

That claim is constitutional nonsense, for the reasons I explain here: publiclawforeveryone.com/2025/06/20/w...

Unelected Lords are blocking assisted dying – this is a democratic outrage | Simon Jenkins

Second chambers are a good idea, but they should not be able to overturn clear decisions reached by an elected body, says Guardian columnist Simon Jenkins

www.theguardian.com

Mark Elliott @profmarkelliott.bsky.social · 7d

Now published in the Cambridge Law Journal (open access):

'Administrative Law Doctrine and Constitutional Principle in the Supreme Court'

My case note on the judgment in R (Spitalfields) v Tower Hamlets LBC [2025] UKSC 11

doi.org/10.1017/S000...

ADMINISTRATIVE LAW DOCTRINE AND CONSTITUTIONAL PRINCIPLE IN THE SUPREME COURT | The Cambridge Law Journal | Cambridge Core

ADMINISTRATIVE LAW DOCTRINE AND CONSTITUTIONAL PRINCIPLE IN THE SUPREME COURT - Volume 84 Issue 2

doi.org

Mark Elliott @profmarkelliott.bsky.social · 7d

Thank you, Conor. That's very kind.

Mark Elliott @profmarkelliott.bsky.social · 7d

Indeed. There are plenty of other questions, too, that are unanswered by a white paper that, given how long it has been in the making, is surprisingly light on detail. I flag some of the key legal and constitutional questions that need to be answered here: publiclawforeveryone.com/2025/11/17/t...

Mark Elliott @profmarkelliott.bsky.social · 7d

I agree, Jess.

Mark Elliott @profmarkelliott.bsky.social · 7d

That's very kind, David. But I was home alone and looking for something to do ... I am much more likely to be watching something on Netflix this evening!

Mark Elliott @profmarkelliott.bsky.social · 7d

Thanks for reading, Stefan. And I agree with your points. Presumably while some of what they want to do re Art 8 will be relatively straightforward, as you say, other aspects will at least test the Strasbourg envelope, as it were, depending on exacrly what the new legislation ends up saying.

Mark Elliott @profmarkelliott.bsky.social · 8d

Thanks, Schona.

Reposted by Mary Bosworth, Steve Peers, Mary Margaret McCabe

Mark Elliott @profmarkelliott.bsky.social · 8d

New post

The legal and constitutional implications of the asylum white paper: Some initial thoughts

publiclawforeveryone.com/2025/11/17/t...

The legal and constitutional implications of the asylum white paper: Some initial thoughts

Proposals for radical reform of the UK’s asylum system raise a number of legal and constitutional issues, with respect both to the European Convention on Human Rights and the domestic principle of …

publiclawforeveryone.com

Mark Elliott @profmarkelliott.bsky.social · 11d

Thanks, Stefan. And I agree with you.

Reposted by Steve Peers

Mark Elliott @profmarkelliott.bsky.social · 11d

New post

In a recent lecture, Lord Briggs places renewed emphasis on the common law’s ability to protect human rights, and argues that we should not doubt its capaity to step in if the UK were to withdraw from the ECHR. Is such optimism well-founded?

publiclawforeveryone.com/2025/11/14/m...

Misplaced optimism? Lord Briggs on the common law’s capacity to protect human rights in the event of ECHR withdrawal

In a recent lecture, Supreme Court Justice Lord Briggs places renewed emphasis on the common law’s ability to protect human rights, and argues that we should not doubt its capaity to step in if the…

publiclawforeveryone.com

Mark Elliott @profmarkelliott.bsky.social · 15d

An interesting opportunity from the Constitution Society:

'The Constitution Society invites applications for a Research Fellowship dedicated to promoting the life and constitutional contributions of Richard Haldane (1856-1928).'

consoc.org.uk/haldane-rese...

Research Fellowship - The Constitution Society

The Society invites applications for a Research Fellowship on the life and constitutional contributions of Richard Haldane (1856-1928).

consoc.org.uk

Reposted by Brian Sloan, Virginia Mantouvalou

Mark Elliott @profmarkelliott.bsky.social · 18d

New post

Prompted by an excellent conference at @biicl.bsky.social marking the ECHR's 75th anniversary, I reflect in this piece on key themes about the likely trajectory of the UK's human rights debate, given the current (and developing) political climate.

publiclawforeveryone.com/2025/11/07/t...

The ‘othering’ of human rights and the agenda underlying calls for UK withdrawal from the ECHR

A recent conference marking the 75th anniversary anniversary of the European Convention on Human Rights provided a sobering opportunity for reflection on possible trajectories of human rights prote…

publiclawforeveryone.com

Mark Elliott @profmarkelliott.bsky.social · 22d

I wrote a short piece on their '50 problematic cases' (publiclawforeveryone.com/2016/05/09/a...) and also a response to John Finnis's lecture that (I think) launched the JPP (publiclawforeveryone.com/2015/11/05/j...)

Judicial Power’s 50 “problematic” cases and the limits of the judicial role

The Judicial Power Project has published a list of 50 “problematic” cases. It makes for interesting reading. The aim of the Judicial Power Project is to address the “problem” of “judicial overreach…

publiclawforeveryone.com

Mark Elliott @profmarkelliott.bsky.social · 27d

One of the highlights of one of the Covid lockdowns was the arrival of hard copies of the new edition of my textbook; the feline member of the household, who loves boxes rather than books, was also delighted.

Mark Elliott @profmarkelliott.bsky.social · 28d

Congratulations, Hester! I’m so pleased to see this.

Reposted by Mark Elliott, Kathleen Kennedy

Hester L-J @starcrossed2018.bsky.social · 28d

TEXTILE SHAKESPEARE is official-publication-date-minus-2-weeks (11 November) which is a LOT👀 (I can't remember feeling this wound up about other books, I have the concentration of a gnat at the moment🙄) but seems to be live as an e-book already so, available to your Kindle right now, apparently...

The cover of a book. Text reads Textile Shakespeare. The lower part of the image is ink printed on linen and embroidery, black on white, with some silver thread, with flowers, fruit, insects, and animals. it is discoloured with age.

Reposted by Tobias Lock, Mark Elliott, Laurent Pech , and 1 more Tobias Lock, Mark Elliott, Laurent Pech, Geoff Pearson

Colin Murray @colinmurray.bsky.social · Oct 17

This latest "barrister meets AI" disaster is something all stage 1 law students should read. It is vital about the key skill of case reading - you mustn't use AI to substitute for the skill of being able to find cases and find key content in cases:

tribunalsdecisions.service.gov.uk/utiac/ui-202...

Reposted by Steve Peers, Mark Elliott, Jussi T. Eronen

dag @davidallengreen.bsky.social · Oct 16

NEW - UPDATE POST

Did the CPS make a fundamental mistake with the charging decision in the Chinese spying case?

How the CPS may have asked the wrong legal question and so made a wrong charging decision

By me

emptycity.substack.com/p/did-the-cp...

Mark Elliott @profmarkelliott.bsky.social · Oct 16

Agree. But, as I say in my blogpost, the fact that they felt able to include (irrelevant) information about their current view undermines their argument that they considered themselves wholly bound by the previous government's view, and underlines that they could have, but chose not to, say more.

Mark Elliott @profmarkelliott.bsky.social · Oct 16

Many thanks. I agree with much of your analysis, although I think it was open to the DNSA to reflect in statements 2 and 3 the *current* government's view of the 2021-23 threat. Full argument here in a post reflecting on the witness statements: publiclawforeveryone.com/2025/10/16/n...

No winners in the China espionage blame game: Six outstanding questions for prosecutors and ministers

Now-published Government witness statements submitted to prosecutors in the China espionage case cast only limited light on what happened. In this post, I outline six key questions that remain to b…

publiclawforeveryone.com

Mark Elliott @profmarkelliott.bsky.social · Oct 16

New post, following publication of the Deputy National Security Adviser's witness statements in the China case:

No winners in the China espionage blame game: Six outstanding questions for prosecutors and ministers

publiclawforeveryone.com/2025/10/16/n...

No winners in the China espionage blame game: Six outstanding questions for prosecutors and ministers

publiclawforeveryone.com

Mark Elliott @profmarkelliott.bsky.social · Oct 16

An extraordinary outburst—directed at a small hospice charity subject to devastating funding cuts—from the CEO of a major NHS trust. I doubt that Arthur Rank Hospices's patients and families share his assessment of the 'value' of the oustanding care provided. www.bbc.co.uk/news/article...

Arthur Rank Hospice media campaign left bad taste, says NHS CEO

An NHS boss says the hospice beds that funding has been pulled from were

www.bbc.co.uk

Mark Elliott @profmarkelliott.bsky.social · Oct 15

🤣

Mark Elliott @profmarkelliott.bsky.social · Oct 15

Thanks Colin

Mark Elliott @profmarkelliott.bsky.social · Oct 15

Ultimately, while the witness statements move things on to a degree, much remains unclear, with outstanding questions for both the CPS and the government. 6/6

Mark Elliott @profmarkelliott.bsky.social · Oct 15

If so, was the decision not to do so taken without reference to the NSA or Ministers? If so, why, given the Deputy NSA’s witness statements are in part reflecting the current government’s policy that he cannot unilaterally formulate and for which Ministers are responsible? /5

Mark Elliott @profmarkelliott.bsky.social · Oct 15

When the CPS decided the three witness statements combined were insufficient, was the Deputy NSA told what the perceived gaps were so that he could decide whether to strengthen the language? /4

Mark Elliott @profmarkelliott.bsky.social · Oct 15

While the Deputy NSA does not in terms describe China as a threat to national security, the language is strong in places: harm to security of UK; threat to economy, resilience and democratic integrity of UK. Why did the CPS think this insufficient? /3

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