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Christ Church

Oxford OX1 1DP

Other affiliations

Biography

Hayley J Hooper is the Pennington's Student in Law (Fixed-Term Career Development Fellow) at Christ Church, Oxford. 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. 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. 

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. 

Publications

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  • HJ Hooper and Veronika Fikfak, Parliament's Secret War (Hart: Bloomsbury 2018)
    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, 'Democratic Dialogue and the Constitution' (2017) 133 Law Quarterly Review 688 [Review]
  • HJ Hooper, 'Parliaments and the European Court of Human Rights' (2017) Law Quarterly Review 343 [Review]
  • HJ Hooper, Murray Hunt and Paul Yowell (eds), Parliaments and Human Rights: Redressing the Democratic Deficit (Hart 2015)
    In 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
  • HJ 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, 'The Future is a Foreign Country: R (Lord Carlile and Others) v Home Secretary' (2015) 74 Cambridge Law Journal 23 [Case Note]
  • HJ 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, 'Constitutional Courts and Deliberative Democracy' (2014) Law Quarterly Review 685 [Review]
  • HJ Hooper, 'Crossing the Rubicon: Comment on Bank Mellat v Her Majesty’s Treasury (No. 1)' [2014] Public Law 171 [Case Note]
  • HJ Hooper, 'An Unsteady Middle Ground: Commission and United Kingdom v Kadi (No. 2) ' (2013) 20 European Public Law 409 [Case Note]
  • HJ Hooper, 'Shining Light on the Darkness? ' [2013] Public Law 213
  • HJ Hooper, 'The Right to Have Rights: Citizenship, Humanity, and International Law' (2013) European Human Rights Law Review 110 [Review]
  • HJ Hooper, 'The Executive Unbound: After the Madisonian Republic' [2012] Public Law 588 [Review]
  • HJ Hooper, 'The Lesser of Two Evils' (2012) 3 Law Quarterly Review 511 [Case Note]
  • HJ Hooper, 'The Legal Protection of Human Rights: Sceptical Essays' (2011) 6 European Human Rights Law Review 750 [Review]

Research Interests

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

Options taught

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

Research projects