Hayley J. Hooper is an Associate Professor in Law. She is also an academic affiliate of the Bonavero Institute for Human Rights.
She 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 Law from the University of Oxford. Her teaching interests include European Union Law, Constitutional Law, and Administrative Law.
Hayley is the author of Parliament's Secret War (Hart: Bloomsbury, 2018) together with Veronika Fikfak (Cambridge). 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.
Hayley is currently working on a monograph on the closed material procedure, a process which facilitates the use of national security evidence in civil litigation.
- DOI: 10.1093/ojls/gqy016The 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: 9781509902873In many countries today there is a growing and genuinely-held concern that the institutional arrangements for the protection of human rights suffer from a 'democratic deficit'. Yet at the same time there appears to be a new consensus that human rights require legal protection and that all branches of the state have a shared responsibility for upholding and realising those legally protected rights. This volume of essays tries to understand this paradox by considering how parliaments have sought to discharge their responsibility to protect human rights. Contributors seek to take stock of the extent to which national and sub-national parliaments have developed legislative review for human rights compatibility, and the effect of international initiatives to increase the role of parliaments in relation to human rights. They also consider the relationship between legislative review and judicial review for human rights compatibility, and whether courts could do more to incentivise better democratic deliberation about human rights. Enhancing the role of parliaments in the protection and realisation of human rights emerges as an idea whose time has come, but the volume makes clear that there is a great deal more to do in all parliaments to develop the institutional structures, processes and mechanisms necessary to put human rights at the centre of their function of making law and holding the government to account. The sense of democratic deficit is unlikely to dissipate unless parliaments empower themselves by exercising the considerable powers and responsibilities they already have to interpret and apply human rights law, and courts in turn pay closer attention to that reasoned consideration.ISBN: 9781849465618
Constitutional Law, Administrative Law, Human Rights, Parliaments, National Security
Options taughtAdministrative Law, European Union Law, Constitutional Law (Mods)