Mark Elliott
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Mark Elliott
@profmarkelliott.bsky.social

Professor of Public Law, University of Cambridge. Fellow, St Catharine's College, Cambridge. Blog: www.publiclawforeveryone.com. Website: www.markelliott.org

Mark C. Elliott is the Mark Schwartz Professor of Chinese and Inner Asian History at Harvard University, where he is Vice Provost for International Affairs. He is also a seminal figure of the school called the New Qing History. .. more

Political science 51%
Law 27%
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Prompted by an excellent conference at @biicl.bsky.social marking the ECHR's 75th anniversary, I reflect in this piece on key themes about the likely trajectory of the UK's human rights debate, given the current (and developing) political climate.

publiclawforeveryone.com/2025/11/07/t...
The ‘othering’ of human rights and the agenda underlying calls for UK withdrawal from the ECHR
A recent conference marking the 75th anniversary anniversary of the European Convention on Human Rights provided a sobering opportunity for reflection on possible trajectories of human rights prote…
publiclawforeveryone.com

An interesting opportunity from the Constitution Society:

'The Constitution Society invites applications for a Research Fellowship dedicated to promoting the life and constitutional contributions of Richard Haldane (1856-1928).'

consoc.org.uk/haldane-rese...
Research Fellowship - The Constitution Society
The Society invites applications for a Research Fellowship on the life and constitutional contributions of Richard Haldane (1856-1928).
consoc.org.uk

I wrote a short piece on their '50 problematic cases' (publiclawforeveryone.com/2016/05/09/a...) and also a response to John Finnis's lecture that (I think) launched the JPP (publiclawforeveryone.com/2015/11/05/j...)
Judicial Power’s 50 “problematic” cases and the limits of the judicial role
The Judicial Power Project has published a list of 50 “problematic” cases. It makes for interesting reading. The aim of the Judicial Power Project is to address the “problem” of “judicial overreach…
publiclawforeveryone.com

One of the highlights of one of the Covid lockdowns was the arrival of hard copies of the new edition of my textbook; the feline member of the household, who loves boxes rather than books, was also delighted.

Congratulations, Hester! I’m so pleased to see this.
TEXTILE SHAKESPEARE is official-publication-date-minus-2-weeks (11 November) which is a LOT👀 (I can't remember feeling this wound up about other books, I have the concentration of a gnat at the moment🙄) but seems to be live as an e-book already so, available to your Kindle right now, apparently...
This latest "barrister meets AI" disaster is something all stage 1 law students should read. It is vital about the key skill of case reading - you mustn't use AI to substitute for the skill of being able to find cases and find key content in cases:

tribunalsdecisions.service.gov.uk/utiac/ui-202...
NEW - UPDATE POST

Did the CPS make a fundamental mistake with the charging decision in the Chinese spying case?

How the CPS may have asked the wrong legal question and so made a wrong charging decision

By me

emptycity.substack.com/p/did-the-cp...

Agree. But, as I say in my blogpost, the fact that they felt able to include (irrelevant) information about their current view undermines their argument that they considered themselves wholly bound by the previous government's view, and underlines that they could have, but chose not to, say more.

Many thanks. I agree with much of your analysis, although I think it was open to the DNSA to reflect in statements 2 and 3 the *current* government's view of the 2021-23 threat. Full argument here in a post reflecting on the witness statements: publiclawforeveryone.com/2025/10/16/n...
No winners in the China espionage blame game: Six outstanding questions for prosecutors and ministers
Now-published Government witness statements submitted to prosecutors in the China espionage case cast only limited light on what happened. In this post, I outline six key questions that remain to b…
publiclawforeveryone.com

New post, following publication of the Deputy National Security Adviser's witness statements in the China case:

No winners in the China espionage blame game: Six outstanding questions for prosecutors and ministers

publiclawforeveryone.com/2025/10/16/n...
No winners in the China espionage blame game: Six outstanding questions for prosecutors and ministers
Now-published Government witness statements submitted to prosecutors in the China espionage case cast only limited light on what happened. In this post, I outline six key questions that remain to b…
publiclawforeveryone.com

An extraordinary outburst—directed at a small hospice charity subject to devastating funding cuts—from the CEO of a major NHS trust. I doubt that Arthur Rank Hospices's patients and families share his assessment of the 'value' of the oustanding care provided. www.bbc.co.uk/news/article...
Arthur Rank Hospice media campaign left bad taste, says NHS CEO
An NHS boss says the hospice beds that funding has been pulled from were
www.bbc.co.uk

🤣

Thanks Colin

Ultimately, while the witness statements move things on to a degree, much remains unclear, with outstanding questions for both the CPS and the government. 6/6

If so, was the decision not to do so taken without reference to the NSA or Ministers? If so, why, given the Deputy NSA’s witness statements are in part reflecting the current government’s policy that he cannot unilaterally formulate and for which Ministers are responsible? /5

When the CPS decided the three witness statements combined were insufficient, was the Deputy NSA told what the perceived gaps were so that he could decide whether to strengthen the language? /4

While the Deputy NSA does not in terms describe China as a threat to national security, the language is strong in places: harm to security of UK; threat to economy, resilience and democratic integrity of UK. Why did the CPS think this insufficient? /3

In the third statement, issued under the current government, the Deputy NSA describes this government’s China policy (co-operate, compete, challenge). How does that relate to PM’s insistence that only the previous government’s policy is relevant? /2

A few preliminary thoughts on/questions prompted by the China espionage case witness statements, which have now been published. /1 www.gov.uk/government/p...
Witness statements in relation to alleged breach of Official Secrets Act on behalf of China
As the Prime Minister said in the House, he has carefully considered this matter and, following legal advice, the Prime Minister decided to disclose the witness statements in full.
www.gov.uk

Sorry to hear that!

I was pleased to speak with Sarah Montague on BBC Radio 4's The World at One today about the latest developments concerning the collapse of the China espionage trial.

www.bbc.co.uk/sounds/play/...
World at One - 15/10/2025 - BBC Sounds
News, analysis and comment from BBC Radio 4
www.bbc.co.uk

Excellent, forensic analysis of the many twists and turns (so far) of the China espionage case.
NEW

Trying to make sense of the nonsensical decision to drop the Chinese spying prosecutions

How the positions of neither the CPS nor the government stand up to scrutiny

By me

emptycity.substack.com/p/trying-to-...
NEW

Trying to make sense of the nonsensical decision to drop the Chinese spying prosecutions

How the positions of neither the CPS nor the government stand up to scrutiny

By me

emptycity.substack.com/p/trying-to-...

I was pleased to hear my analysis of the China espionage case being relied on by the Leader of the Opposition in yesterday’s House of Commons debate. parliamentlive.tv/event/index/...
Parliamentlive.tv
House of Commons
parliamentlive.tv

* ie his account taken at face value.

Yes, absolutely. (In post, I explain that I am trying to provide explanations that fit the Minister's factual account to the House of Commons, but I certainly don't discount your sixth possibility.)

Reposted by Colin Murray

New post, in which I argue the government's attempt to pin the blame for the collapse of the China spy trial on a single official will not wash constitutionally. Ministers must bear responsibility for an apparently deeply flawed decision-making process.

publiclawforeveryone.com/2025/10/13/c...
Cock-up or conspiracy? The Security Minister’s statement on the China espionage case
The Security Minister, Dan Jarvis, has made a statement to the House of Commons regarding the collapse of the prosecution of two individuals who had been accused of espionage contrary to section 1(…
publiclawforeveryone.com

In the post, I reflect on the Security Minister's statement to the House of Commons on the collapse of the China espionage case. I conclude that if a single official really is responsible, Ministers cannot evade responsibility for an inadequate decision-making system. 2/2