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Mark Elliott

@profmarkelliott.bsky.social
6.8K followers 365 following 340 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 Elliott @profmarkelliott.bsky.social · 14/09/2026
Thank you to the International Association of Law Libraries (IALL) for inviting me to address their 44th Annual Course on 'Shifting Politics and Legal Realities'. In my lecture, I considered whether the UK constitution's idiosyncrasies might make it peculiarly vulnerable to the forces of populism.
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Mark Elliott @profmarkelliott.bsky.social · 21/07/2026
New article: Mark Elliott and Nicholas Kilford, "The Relational Principle of Parliamentary Sovereignty" SSRN draft available to download; forthcoming in Public Law publiclawforeveryone.com/2026/07/21/t... @nearlydoctornick.bsky.social
publiclawforeveryone.com
The relational principle of parliamentary sovereignty
In a forthcoming article in Public Law, Nicholas Kilford and I examine three leading UK Supreme Court decisions that have subjected the principle of parliamentary sovereignty to notably unorthodox …
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St Catharine's College @stcatharines.bsky.social · 11/06/2026
We are proud that Catz Fellow Hend Hanafy (2021) led the coordination of the first official visit by a delegation from the #Egyptian Court of Cassation – the highest court in #Egypt – to the judiciary of England & Wales. Read our report: caths.cam.ac.uk/judi... Faculty of Law
A delegation from the Egyptian Court of Cassation at St Catharine's with Dr Hend Hanafy and Sir John Benger
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Mark Elliott @profmarkelliott.bsky.social · 27/05/2026
That AI isn't yet "good enough" to mark students' essays ought to be beside the point. Outsourcing such tasks to AI is fundamentally incompatible with the intellectual engagement between student and professor that should be central to higher education. /1 www.cam.ac.uk/stories/ai-u...
cam.ac.uk
AI not yet good enough to mark university essays, rewarding ‘style over substance’
Top AI systems show bias towards rewarding overly complex prose styles and only match human examiners for grade bands around half the time, research finds.
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David Burrows @dbfamilylaw.bsky.social · 26/05/2026
@profmarkelliott.bsky.social Over a century on, precedents such as A Douglas-Home and P Gordon Walker seem like the dying embers of British constitutional history when the Prime Minister was permitted to lead the government from outside the House of Commons publiclawforeveryone.com/2026/05/26/t...
publiclawforeveryone.com
The Prime Minister as an MP: A postscript on historical precedent and constitutional convention
In an earlier post, I addressed the question whether the Prime Minister must be a member of the House of Commons. Here, I reflect briefly on some interesting points that have been raised in respons…
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Mark Elliott @profmarkelliott.bsky.social · 26/05/2026
New post The Prime Minister as an MP: A postscript on historical precedent and constitutional convention publiclawforeveryone.com/2026/05/26/t...
publiclawforeveryone.com
The Prime Minister as an MP: A postscript on historical precedent and constitutional convention
In an earlier post, I addressed the question whether the Prime Minister must be a member of the House of Commons. Here, I reflect briefly on some interesting points that have been raised in respons…
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Daniel Gover @danielgover.bsky.social · 26/05/2026
🚨Could the Parliament Acts be used to pass assisted dying? As I say in this clip: 🔵 Never previously used on a PMB 🔵 But explicitly intended to apply to PMBs, not just govt bills 🔵 In practice, not straightforward to do, but possible
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Mark Elliott @profmarkelliott.bsky.social · 22/05/2026
My blog, www.publiclawforeveryone.com, now features "Not by AI" badging. For more information on the Not by AI initiative, see: notbyai.fyi/not-by-ai-90....
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Mark Elliott @profmarkelliott.bsky.social · 21/05/2026
Berkeley's new AI policy is laudable. Its post-plagiarism conception of AI misuse prohibits "conceptualisation" and "outlining". The guiding principle – that thinking remains the sine qua non of good lawyering (and of a quality legal education) – is surely right. www.law.berkeley.edu/wp-content/u...
law.berkeley.edu
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Jess O'Thomson @jessothomson.co.uk · 20/05/2026
I think it's really difficult to understate the likely consequences this kind of revisionism will have going forward, for the rule of law in this country. And for some reason our judiciary has decided to dismantle its own power on the cusp of a likely authoritarian Reform government. Maddening.
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Jess O'Thomson @jessothomson.co.uk · 20/05/2026
Excellent piece on the continued judicial gutting of the common law. Can't help but note the apparent radical decline in the constitutional role of the judiciary since I was sat in Professor Elliott's lectures less than a decade ago.
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Phil Edwards @philedwards.bsky.social · 20/05/2026
Ismailov v Foreign Secretary: Constitutional revisionism and the principle of legality publiclawforeveryone.com/2026/05/19/i... Alarming post from @profmarkelliott.bsky.social on current trends in constitutional law.
publiclawforeveryone.com
Ismailov v Foreign Secretary: Constitutional revisionism and the principle of legality
In his judgment in Ismailov v Foreign Secretary, Saini J appears to endorse two incompatible views of the principle of legality. One of those views reconfigures a principle that has traditionally b…
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Mark Elliott @profmarkelliott.bsky.social · 20/05/2026
Interesting piece on whether PM must be an MP, partly responding to my analysis (publiclawforeveryone.com/2026/05/14/d...). Key Q is whether precedent from 1960s remains persuasive. I doubt it, given 60+ years of now consistent practice. Convention flexes as practice & political mores develop.
publiclawforeveryone.com
Does the Prime Minister have to be an MP?
Uncertainty about the position of the Prime Minister has raised the question whether Andy Burnham, currently the Mayor of Greater Manchester, might return to the House of Commons in order to challe…
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Paolo Sandro @paolosandro.bsky.social · 19/05/2026
We're in the age of constitutional revisionism, sperheaded by the Reed/Sales court, and we now start seeing the effects trickling down the judicial system. No wonder the Judicial Power Project has gone all but quiet
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Paolo Sandro @paolosandro.bsky.social · 19/05/2026
Highly recommended.
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Colin Murray @colinmurray.bsky.social · 19/05/2026
New from @profmarkelliott.bsky.social on how the principle of legality is being treated restrictively in the High Court, following positions set by the UKSC justices. On multiple fronts the horizons of the UK judiciary's constitutional role are shrinking: publiclawforeveryone.com/2026/05/19/i...
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Mark Elliott @profmarkelliott.bsky.social · 19/05/2026
On which now see: publiclawforeveryone.com/2026/05/19/i...
publiclawforeveryone.com
Ismailov v Foreign Secretary: Constitutional revisionism and the principle of legality
In his judgment in Ismailov v Foreign Secretary, Saini J appears to endorse two incompatible views of the principle of legality. One of those views reconfigures a principle that has traditionally b…
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Mark Elliott @profmarkelliott.bsky.social · 19/05/2026
New post Ismailov v Foreign Secretary: Constitutional revisionism and the principle of legality publiclawforeveryone.com/2026/05/19/i...
publiclawforeveryone.com
Ismailov v Foreign Secretary: Constitutional revisionism and the principle of legality
In his judgment in Ismailov v Foreign Secretary, Saini J appears to endorse two incompatible views of the principle of legality. One of those views reconfigures a principle that has traditionally b…
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Mark Elliott @profmarkelliott.bsky.social · 18/05/2026
The gutting of the principle of legality – part of a much wider trend of constitutional regression in the senior courts' case law – continues apace. www.judiciary.uk/judgments/sa...
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Mark Elliott @profmarkelliott.bsky.social · 18/05/2026
Thank goodness Cambridge's Judge Business School might soon be providing “leadership development” and “innovation management” to the Saudi regime. Perhaps the "innovations" will include respect for basic human rights, including due process? www.theguardian.com/education/20...
theguardian.com
Sons of jailed Saudi scholars urge Cambridge to drop plans to train Riyadh staff
Exclusive: Families of men facing death penalty join opposition to proposals to run courses for defence ministry
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John Wadham @john-wadham.bsky.social · 18/05/2026
A very helpful analysis of the Chisinau Declaration.
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Mark Elliott @profmarkelliott.bsky.social · 18/05/2026
New post From Chişinău to Makerfield: The Labour Party, populism and the politics of triangulation publiclawforeveryone.com/2026/05/18/f...
publiclawforeveryone.com
From Chişinău to Makerfield: The Labour Party, populism and the politics of triangulation
The Chişinău Declaration, issued by the Council of Europe’s Committee of Ministers on 15 May 2026, is an attempt by signatory States to reframe how the European Convention on Human Rights affects n…
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Mark Elliott @profmarkelliott.bsky.social · 14/05/2026
New post: Does the Prime Minister have to be an MP? publiclawforeveryone.com/2026/05/14/d...
publiclawforeveryone.com
Does the Prime Minister have to be an MP?
Uncertainty about the position of the Prime Minister has raised the question whether Andy Burnham, currently the Mayor of Greater Manchester, might return to the House of Commons in order to challe…
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St Catharine's College @stcatharines.bsky.social · 11/05/2026
Admitting students with the greatest academic potential from a broad range of backgrounds is a key part of our new 5-year strategic plan: caths.cam.ac.uk/exce.... Since the plan was published in January 2026, we have engaged ~2,400 students from across the UK: caths.cam.ac.uk/wide... @can.ac.uk
St Catharine's College wrought iron gates standing open with Main Court beyond
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Mark Elliott @profmarkelliott.bsky.social · 24/04/2026
New post – The fall of the Terminally Ill Adults (End of Life) Bill: A constitutional outrage? publiclawforeveryone.com/2026/04/24/t...
publiclawforeveryone.com
The fall of the Terminally Ill Adults (End of Life) Bill: A constitutional outrage?
As prorogation and a King’s Speech approach, the Terminally Ill Adults Bill cannot now be enacted before the end of the current parliamentary session. By blocking the Bill, has the House of Lords c…
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Jonathan Jones @sirjjkc.bsky.social · 14/04/2026
Naturally @profmarkelliott.bsky.social is quite right. There is nothing new or unconstitutional about powers to track EU measures by secondary legislation (s. 2(2) of the European Communities Act 1972 did that while we were in the EU and ministers of all stripes used it all the time)
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George Peretz KC @georgeperetzkc.bsky.social · 14/04/2026
Typically clear and thorough demolition by @profmarkelliott.bsky.social of the claim that the forthcoming Bill providing for alignment with EU law is constitutionally objectionable. Recommended to lawyers and non-lawyers alike. publiclawforeveryone.com/2026/04/13/t...
publiclawforeveryone.com
“Dynamic alignment” with EU rules: Neither unconstitutional nor undemocratic
The forthcoming King’s Speech, it is reported, will include a Bill to facilitate “dynamic alignment” with some EU rules, attracting criticism from some politicians that sovereignty regained through…
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Mark Elliott @profmarkelliott.bsky.social · 13/04/2026
New post Some thoughts on the suggestion by pro-Brexit politicians that the government's proposal for "dynamic alignment" with EU rules would be a constitutional affront or would be an undemocratic subversion of the 2016 referendum. (It wouldn't.) publiclawforeveryone.com/2026/04/13/t...
publiclawforeveryone.com
The constitutional implications of “dynamic alignment” with EU rules
The forthcoming King’s Speech, it is reported, will include a Bill to facilitate “dynamic alignment” with some EU rules, attracting criticism from some politicians that sovereignty regained through…
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The Constitution Society @consoc.bsky.social · 31/03/2026
Out today: The latest edition of The Constitution In Review by the United Kingdom Constitution Monitoring Group. Their latest report covers 1 Jul-1 Dec 2025 and is required reading for all with an in interest the UK's constitutional arrangements. Read it now at: consoc.org.uk/publications...
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Mark Elliott @profmarkelliott.bsky.social · 05/03/2026
In this interview with the SCOTUS Blog, which launches its series on global apex courts, I reflect on the role of the UK Supreme Court and consider whether adjudication at this level in the UK is really as apolitical as we often assume it to be. www.scotusblog.com/2026/03/the-...
scotusblog.com
The UK Supreme Court
Welcome to SCOUTSblog’s newest recurring series, in which we interview experts on different supreme courts around the world and how they compare to our own. For our debut column, we […]
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Mark Elliott @profmarkelliott.bsky.social · 26/02/2026
The Divisional Court has now issued but immediately suspended a quashing order regarding the proscription of Palestine Action. This results in precisely the situation anticipated by my post below: a proscription order that is unlawful according to the High Court but unquashed for the time being.
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Faculty of Law @cambridgelaw.bsky.social · 18/02/2026
📢Registrations are open for our Open Day on 20 March. Come and learn about the course and admissions process, experience sample lectures and get a chance to chat with staff, students and alumni to see if it feels right for you! The event is free to attend: 🔗https://bit.ly/3Ojqsqk
Open Day 2026 posterOpen Day 2026 poster
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Paolo Sandro @paolosandro.bsky.social · 17/02/2026
Fantastic post by @profmarkelliott.bsky.social illustrating why the High Court's decision not to quash the unlawful (at least for now) proscription order of PA is conceptually, and arguably pragmatically, problematic. This case also shows why legal theory, and conceptual clarity especially, matter
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Mark Elliott @profmarkelliott.bsky.social · 17/02/2026
In a new post on the Palestine Action case, I ask whether, given the High Court's conclusion that proscription was unlawful, the Metropolitan Police is right to say that the organisation remains a proscribed one. publiclawforeveryone.com/2026/02/17/i...
publiclawforeveryone.com
If proscribing Palestine Action was unlawful, how can it still be a proscribed organisation?
In the Ammori case, the High Court held that the Home Secretary’s decision to proscribe Palestine Action under the Terrorism Act 2000 was unlawful. But a quashing order has not been issued and the …
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Mark Elliott @profmarkelliott.bsky.social · 13/02/2026
The High Court has held that the decision to proscribe Palestine Action under the Terrorism Act 2000 was unlawful. This post explains the court's reasoning and discusses some potential weaknesses in it (bearing in mind the government has said it will appeal). publiclawforeveryone.com/2026/02/13/t...
publiclawforeveryone.com
The High Court’s judgment in the Palestine Action case
The High Court has ruled that the government’s decision to proscribe Palestine Action under the Terrorism Act 2000 was unlawful, holding that the decision contravenes the government’s own policy on…
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Mark Elliott @profmarkelliott.bsky.social · 16/12/2025
"In Defence of Classical Administrative Law", by @philipmurraylaw and me, has now been published in the Cambridge Law Journal on FirstView. It is available via the following link (open access): doi.org/10.1017/S000...
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Mark Elliott @profmarkelliott.bsky.social · 15/12/2025
A reminder, following the conviction of Jimmy Lai, that two senior British lawyers—a former Law Lord and a former Supreme Court President—continue to lend respectability to the Hong Kong legal system by sitting as non-permanent judges on its highest court. www.theguardian.com/world/2025/d...
theguardian.com
Jimmy Lai: conviction of Hong Kong pro-democracy figure decried as attack on press freedom
Rights groups dismiss ‘sham conviction’ of media tycoon on national security offences in city’s most closely watched rulings in decades
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Mark Elliott @profmarkelliott.bsky.social · 15/12/2025
New post: Correcting the record on the ‘primacy’ of the House of Commons publiclawforeveryone.com/2025/12/15/c...
publiclawforeveryone.com
Correcting the record on the ‘primacy’ of the House of Commons
In an open letter written in the context of the passage of the Terminally Ill Adults Bill through Parliament, three former Cabinet Secretaries assert that respect for the ‘primacy’ of t…
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Mark Elliott @profmarkelliott.bsky.social · 15/12/2025
I'm grateful to the Sunday Times for publishing my letter on the constitutional role of the House of Lords, correcting the misleading impression created by an open letter signed by several former Cabinet Secretaries. www.thetimes.com/comment/lett...
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David Anderson @bricksilk.bsky.social · 08/12/2025
My speech of today to NIHRC now published in full by Joshua Rozenberg: “The ECHR - the view from London and Strasbourg”
to.now
For Sale Page
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Anurag Deb @anuragdeb.bsky.social · 08/12/2025
The dialogue between Mark Elliott and Lord Sales here is fascinating. Ironically enough, in my thesis I conclude that parliamentary intent - at least as judicially conceptualised - rarely if ever makes it into drafting considerations. A point which courts perhaps need to consider.
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Mark Elliott @profmarkelliott.bsky.social · 07/12/2025
Lord Sales devoted a recent lecture on the principle of legality to responding to my critique of one of his judgments. Here, I argue that our disagreement ultimately turns on sharply contrasting, and increasingly consequential, visions of the constitution publiclawforeveryone.com/2025/12/07/t...
publiclawforeveryone.com
Taking the constitution seriously: A response to Lord Sales
The incoming Deputy President of the Supreme Court devoted a recent lecture to a critique of my commentary on his judgment in the Spitalfields case, highlighting differences between us concerning t…
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Mark Elliott @profmarkelliott.bsky.social · 07/12/2025
Lord Sales devoted a recent lecture on the principle of legality to responding to my critique of one of his judgments. Here, I argue that our disagreement ultimately turns on sharply contrasting, and increasingly consequential, visions of the constitution publiclawforeveryone.com/2025/12/07/t...
publiclawforeveryone.com
Taking the constitution seriously: A response to Lord Sales
The incoming Deputy President of the Supreme Court devoted a recent lecture to a critique of my commentary on his judgment in the Spitalfields case, highlighting differences between us concerning t…
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Mark Elliott @profmarkelliott.bsky.social · 07/12/2025
This letter from former Cabinet Secretaries and others is straightforwardly wrong regarding the constitutional role of the House of Lords relative to the role of the Commons. /1
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Mark Elliott @profmarkelliott.bsky.social · 20/11/2025
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...
theguardian.com
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
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Mark Elliott @profmarkelliott.bsky.social · 20/11/2025
New post: Tyranny, anarchy and the rule of law: Reflections on a major report by the Constitution Committee publiclawforeveryone.com/2025/11/20/t...
publiclawforeveryone.com
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…
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Mark Elliott @profmarkelliott.bsky.social · 18/11/2025
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...
doi.org
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
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Mark Elliott @profmarkelliott.bsky.social · 18/11/2025
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...
publiclawforeveryone.com
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 …
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Sam Freedman @samfr.bsky.social · 17/11/2025
Very good on the legal implications of today's proposals. There's still a lot of missing details.
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Schona Jolly KC @womaninhavana.bsky.social · 17/11/2025
Excellent place to start on the legal and constitutional implications of the asylum white paper. And, as ever, Mark manages to pen these articulate thoughts so fast.
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