Stephen Sedley

Writers on the British constitution have always faced the problem that, contrary to what Mr Podsnap thought, it cannot simply be held up to the light and admired. The constitution is simultaneously a description of how, for the moment, we are governed and a prescriptive account of how we ought to be governed. In both respects (the former much more than the latter) it undergoes constant change; and there are concerns, highlighted by the radical changes currently being made to the legal aid system, that the process may be accelerating into a critical and damaging phase.

The Privy Council, which will now be responsible for issuing a royal charter setting up a panel to vet the independence of a new press regulator, started licensing books in 1538. In 1557 a royal charter gave the members of the Stationers’ Company a monopoly of printing. In 1588 the anti-episcopal Marprelate Tracts (one of whose authors, John Penry, was executed for publishing them)...

The states composing the Council of Europe, now 47 of them, have their own supreme court, the European Court of Human Rights, which – not unlike its US counterpart – has come under increasing fire for interfering unduly in member states’ affairs and trying to make one size of human rights compliance fit all. At a theoretical level there seems something wrong with this...