Biography

Hayley J Hooper holds an LL.B from the University of Glasgow, and a Bachelor of Civil Law (B.C.L.), M.Phil in Law, and a D.Phil in Counterterrorism and Administrative Law from Balliol College, University of Oxford. She previously worked as a Foreign Law Clerk at the Supreme Court of Israel, where she assisted on a number of high profile constitutional law cases. Her teaching interests include European Union Law, Constitutional Law, and Administrative Law.  She is currently working on a book on the closed material procedure. 

Hayley is the author of Parliament's Secret War (Hart: Bloomsbury, 2018) together with Veronika Fikfak. This book concerns war powers in the British Constitution and offers a critical inquiry into the Westminster Parliament's role in relation to the war prerogative since the beginning of the twentieth century. 

Publications

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  • HJ Hooper Hooper and Veronika Fikfak, Parliament's Secret War (Hart: Bloomsbury 2018) (forthcoming)
    The invasion of Iraq in 2003, and the Coalition Government's failure to win parliamentary approval for armed intervention in Syria in 2013, mark a period of increased scrutiny of the process by which the UK engages in armed conflict. For much of the media and civil society there now exists a constitutional convention which mandates that the Government consults Parliament before commencing hostilities. This is celebrated as representing a redistribution of power from the executive towards a more legitimate, democratic institution. This book offers a critical inquiry into Parliament's role in the war prerogative since the beginning of the twentieth century, evaluating whether the UK's decisions to engage in conflict meet the recognised standards of good-governance: accountability, transparency and participation. The analysis reveals a number of persistent problems in the decision-making process, including Parliament's lack of access to relevant information, government 'legalisation' of parliamentary debates which frustrates broader discussions of political legitimacy, and the skewing of debates via the partial public disclosure of information based upon secret intelligence. The book offers solutions to these problems to reinvigorate parliamentary discourse and address government withholding of classified information. It is essential reading for anyone interested in war powers, the relationship between international law and domestic politics, and the role of the Westminster Parliament in questions of national security.
    ISBN: 9781509902873
  • HJ Hooper Hooper, 'Democratic Dialogue and the Constitution' (2017) 133 Law Quarterly Review 688 [Review]
  • HJ Hooper Hooper, 'Parliaments and the European Court of Human Rights' (2017) Law Quarterly Review 343 [Review]
  • HJ Hooper Hooper, 'The Curious Tale of the Black Spider Memos: Evans v Attorney General and Information Commissioner' (2015) 19 Edinburgh Law Review 101 [Case Note]
  • HJ Hooper Hooper, 'The Future is a Foreign Country: R (Lord Carlile and Others) v Home Secretary' (2015) 74 Cambridge Law Journal 23 [Case Note]
  • HJ Hooper Hooper, 'The Use of Parliamentary Materials by Courts in Proportionality Judgments' in M Hunt, HJ Hooper, P Yowell (ed), Parliaments and Human Rights: Redressing the Democratic Deficit (Hart 2015)
  • HJ Hooper Hooper, 'Constitutional Courts and Deliberative Democracy' (2014) Law Quarterly Review 685 [Review]
  • HJ Hooper Hooper, 'Crossing the Rubicon: Comment on Bank Mellat v Her Majesty’s Treasury (No. 1)' [2014] Public Law 171 [Case Note]
  • HJ Hooper Hooper, 'An Unsteady Middle Ground: Commission and United Kingdom v Kadi (No. 2) ' (2013) 20 European Public Law 409 [Case Note]
  • HJ Hooper Hooper, 'Shining Light on the Darkness? ' [2013] Public Law 213
  • HJ Hooper Hooper, 'The Right to Have Rights: Citizenship, Humanity, and International Law' (2013) European Human Rights Law Review 110 [Review]
  • HJ Hooper Hooper, 'The Executive Unbound: After the Madisonian Republic' [2012] Public Law 588 [Review]
  • HJ Hooper Hooper, 'The Lesser of Two Evils' (2012) 3 Law Quarterly Review 511 [Case Note]
  • HJ Hooper Hooper, 'The Legal Protection of Human Rights: Sceptical Essays' (2011) 6 European Human Rights Law Review 750 [Review]

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Research Interests

Constitutional Law, Administrative Law, Human Rights, Parliaments, National Security

Options taught

Administrative Law, European Union Law, Constitutional Law (Mods)

Research projects