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 (BCL), 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. 

Her interests are broadly within the fields of Constitutional Law and Administrative Law.

Hayley is the co-author of Parliament's Secret War (Hart: Bloomsbury, 2018). 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 also working on a monograph on the closed material procedure, a process that facilitates the use of national security evidence in civil litigation. 


Recent additions

Case Note (7)

HJ Hooper, 'Justice for one side alone? R. (on the application of Begum) v Special Immigration Appeals Commission' [2022] Public Law 1 [Case Note]
HJ Hooper, 'From Early Resolution to Conceptual Confusion: R. (on the Application of Gallaher Group Ltd) v Competition and Markets Authority' [2019] Public Law 460 [Case Note]
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, '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, 'The Lesser of Two Evils' (2012) 3 Law Quarterly Review 511 [Case Note]

Journal Article (3)

HJ Hooper, 'Shining Light on the Darkness? ' [2013] Public Law 213

Review (7)

HJ Hooper, 'Special Advocates in the Adversarial System' [2021] Public Law 17 [Review]
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, 'Constitutional Courts and Deliberative Democracy' (2014) Law Quarterly Review 685 [Review]
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 Legal Protection of Human Rights: Sceptical Essays' (2011) 6 European Human Rights Law Review 750 [Review]

Internet Publication (10)

Chapter (2)

HJ Hooper, 'A Core Irreducible Minimum? The Operation of the AF (No. 3) Duty in the Closed Material Procedure' in Andrew Higgins (ed), The Civil Procedure Rules at 20 (Oxford University Press 2020)
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)

Report (2)

Nicholas Bamforth, Joanna Bell , Anthony Bradley and HJ Hooper and others, The Independent Review of Administrative Law – Call for Evidence: Submissions from a group of Oxford University public lawyers (Independent Review of Administrative Law - Call for Evidence 2020)
Submission to Call for Evidence by the Independent Review of Administrative Law (October 2020). Full list of authors: Nicholas Bamforth, Fellow in Law, The Queen’s College Joanna Bell, Jeffrey Hackney Fellow in Law, St Edmund Hall Anthony Bradley, QC (Hon), Visiting Research Fellow, Institute of European and Comparative Law Paul Craig, QC (Hon), FBA, Emeritus Professor of English Law, St John’s College Pavlos Eleftheriadis, Professor of Public Law, Fellow of Mansfield College, Barrister, Francis Taylor Building Elizabeth Fisher, Professor of Environmental Law, Fellow in Law, Corpus Christi College Sandra Fredman, QC (Hon), FBA, Professor of the Laws of the British Commonwealth and the USA, Director. Oxford Human Rights Hub Hayley J Hooper, Fellow in Law, Harris Manchester College Laura Hoyano, Senior Research Fellow in Law, Wadham College, Barrister, Red Lion Chambers Liora Lazarus, Professor, Peter A Allard School of Law, University of British Columbia and Supernumerary Fellow in Law, St Anne’s College Catherine O’Regan, Professor of Human Rights Law, Director of the Bonavero Institute of Human Rights, Fellow of Mansfield College, Judge of the Constitutional Court of South Africa 1994-2009 Jacob Rowbottom, Professor of Law, Fellow in Law, University College Sir Stephen Sedley, Privy Counsellor, Hon Fellow of Mansfield College, Visiting Professor of Law 2012-2014

Book (1)

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

Edited Book (1)

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

Research Interests

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

Options taught

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

Research projects