Dr Robert Craig
BCL, LLB, AKC
Expertise
Interested in UK Constitutional Law with a particular focus on royal prerogative. Also interested in the (il)legality of lockdowns, Magna Carta, ouster clauses, the post office scandal and defendant anonymity until conviction.
Current positions
Senior Lecturer in Law
University of Bristol Law School
Contact
Press and media
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Biography
Robert Craig teaches Constitutional law, Public Law generally and Jurisprudence at Bristol University. His publications include ‘Casting Aside Clanking Medieval Chains: Prerogative, Statute and Article 50 after the EU Referendum’, [2016] 79(6) MLR, 1041-1063, in the Modern Law Review which was cited by Lord Reed in Miller at paragraph [201].
A second article was cited with approval in the case of Privacy International, again by the Supreme Court. ‘Ouster clauses, separation of powers and the intention of parliament: from Anisminic to Privacy International’ [2018] Public Law 570-584. (Dinah Rose QC in her written submissions to the Supreme Court at paragraph 129) and further cited with approval by Lord Carnwath (for the majority), [2019] UKSC 22, [39-40].
He has appeared regularly on BBC News24 and CNN, providing expert commentary on both Miller cases as they were being heard in the Supreme Court. His blog on using the Royal Prerogative to extend the Article 50 process was cited by the House of Commons Library, ‘Extending Article 50: could Brexit be delayed’, published on 9 January 2019.
His blog on Queen’s Consent was cited by Sir William Cash MP on the floor of the House of Commons. Jesse Norman MP, a current Government Minister, tweeted a blog he wrote on Royal Assent and thanked him for it saying it was ‘useful’.
He also given evidence to the Justice Select Committee in the House of Commons on the constitutional implications of the Bill proposing to exonerate the sub-postmasters in the Post Office scandal.
A second article was cited with approval in the case of Privacy International, again by the Supreme Court. ‘Ouster clauses, separation of powers and the intention of parliament: from Anisminic to Privacy International’ [2018] Public Law 570-584. (Dinah Rose QC in her written submissions to the Supreme Court at paragraph 129) and further cited with approval by Lord Carnwath (for the majority), [2019] UKSC 22, [39-40].
He has appeared regularly on BBC News24 and CNN, providing expert commentary on both Miller cases as they were being heard in the Supreme Court. His blog on using the Royal Prerogative to extend the Article 50 process was cited by the House of Commons Library, ‘Extending Article 50: could Brexit be delayed’, published on 9 January 2019.
His blog on Queen’s Consent was cited by Sir William Cash MP on the floor of the House of Commons. Jesse Norman MP, a current Government Minister, tweeted a blog he wrote on Royal Assent and thanked him for it saying it was ‘useful’.
He also given evidence to the Justice Select Committee in the House of Commons on the constitutional implications of the Bill proposing to exonerate the sub-postmasters in the Post Office scandal.
Research interests
Publications:
- ‘Local islands of law: Third generation ouster clauses, jurisdiction, and a parliamentary backlash’, [2026] Public Law (forthcoming)
- 'A taxonomy of judicial review of royal prerogative in the United Kingdom' in Sam White (ed.), Nurtured & Bound: Explorations of Contemporary Issues of Executive Power (forthcoming).
- 'Remedying remedial orders: Are some s 10 HRA remedial orders ultra vires?', [2025] Kings Law Journal, forthcoming.
- Written evidence responding to Energy Security and Net Zero Committee Call for Submissions labelled ‘Revisiting the nuclear roadmap’, April 2025
- Written evidence responding to Call for Submissions from the Joint Committee on Human Rights on the proposed Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 Remedial Order: ‘The Remedial Order amending the Legacy Act 2023 is ultra vires’
- 'Magna Carta: the soul of the British constitution', in Chris Monaghan (ed.), Leading Works on the History of the Constitution (Hart Publishing: 2025)
- Royal Law: Prerogative Foundations (Hart: 2025)
- Written evidence responding to Ministry of Justice Call for Submissions on Open Justice, September 2023
- ‘Of virus and vires: lockdowns, vaccine mandates and role of the courts’, [2023] 6 European Human Rights Law Review 579-607.
- ‘The Fixed-term Parliaments Act: Out, out brief candle’, in Richard Johnson and Yuan Yi Zhu (eds), Sceptical Perspectives on the Changing Constitution of the United Kingdom (Hart Publishing: 2023).
- ‘Defendant anonymity until charge, the presumption of innocence and the taxonomy of misuse of private information’, [2022] 14(2) Journal of Media Law 266-274.
- Craig & Phillipson, ‘Protecting National Security by Breaking the Law? Prerogative, Statute and the Powers of MI5’, [2022] 85(5) Modern Law Review 1274–1288.
- Craig & Phillipson, ‘Privacy, Reputation and Anonymity until Charge: ZXC goes to the Supreme Court’, [2021] 13(2), Journal of Media Law 153-185.
- Written evidence responding to Government Call for Submissions in response to Independent Review of Administrative Law report, 29 April 2021
- Written evidence responding to Joint Committee on Human Rights on the Fixed-term Parliament Act 2011, Jan 2021. My evidence was cited twice in the final report published on 23 March 2021
- Written evidence responding to Public Administration and Constitutional Affairs Committee on the Fixed-term Parliament Act 2011: published 4 September 2020. My evidence was cited three times in the final report
- Written evidence responding to Call for Submissions: House of Lords Constitution Committee on Fixed-term Parliament Act 2011: published 24 October 2019
- ‘R (Miller) v The Prime Minister: Article IX, Prorogation and Jurisdiction’ 17 Sep 2019, Policy Exchange
- ‘Open justice, free speech and privacy in the modern constitution. Khuja (formerly PNM) v Times Newspapers Limited’ [2019] 82(1) Modern Law Review 129-145.
- ‘Lost in Transition?’ Policy Exchange – 8 July 2019, co-authored with Richard Ekins and Sir Stephen Laws QC
- ‘Ouster clauses, separation of powers and the intention of parliament: from Anisminic to Privacy International’ [2018] Public Law 570-584. (cited by Dinah Rose QC in her written submissions to the Supreme Court at paragraph 129) and further cited with approval by Lord Carnwath (for the majority) in Supreme Court decision R (Privacy International) v Investigatory Powers Tribunal [2019] UKSC 22, [39-40].
- ‘Restoring confidence: Replacing the Fixed-term Parliaments Act 2011’ [2018] 81(3) Modern Law Review 480-508.
- ‘A simple application of the frustration principle: Prerogative, Statute and Miller’, [2017] Public Law (Brexit Special Issue 2017), 25-47.
- ‘Casting Aside Clanking Medieval Chains: Prerogative, Statute and Article 50 after the EU Referendum’, [2016] 79(6) Modern Law Review, 1041-1063, cited by Lord Reed in R (Miller) v Secretary of State for Exiting the European Union [2017] 2 WLR 583, at [201].
- ‘Black Spiders Weaving Webs: The Constitutional Implications of Executive Veto of Tribunal Determinations’ [2016] 79(1) Modern Law Review 166-182
Publications
Recent publications
04/02/2025Magna Carta: the soul of the British Constitution
Leading Works in the History of the Constitution
'The Doctrine of Confidence: The Selection of Party Leaders in Westminster', in Strengthening the Political Constitution
Policy Exchange
Written evidence responding to Call for Submissions from Energy Security and Net Zero Committee: 'Revisiting the nuclear roadmap'
Written evidence responding to Call for Submissions from JHRC: Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 Remedial Order
Local islands of law
Public Law
Teaching
Law & State (Unit Coordinator)
MA Public Law
Constitutional Rights
Jurisprudence
