The 2014–2015 Legal Year in Overview: Constitutional Law

The Supreme Court decided six constitutional law cases in the 2014-15 legal year. In R (Barclay) v Secretary of State for Justice and Lord Chancellor, the central issue was the role of the courts of England and Wales in the legislative process of the Island of Sark, part of the Crown Dependency of the Bailiwick of Guernsey. The Administrative Court had granted a declaration that the 2010 Reform Law of Sark was incompatible with the ECHR. This was appealed on the ground that the Court had no jurisdiction to do so. The Supreme Court unanimously allowed the appeal and set aside the declaration. It held that whilst the UK Courts have jurisdiction to judicially review an Order in Council made on the advice of the UK Government, the Administrative Court should not have exercised that jurisdiction in this case because Sark had a functioning legislature and legal system.