Sebastian Payne

Senior Lecturer
Undergraduate Staff Student Liaison

About

Senior Lecturer

Undergraduate Staff Student Liaison  

Publications

Article

  • Payne, S. (2018). The Supreme Court and the Miller Case: More Reasons Why the UK Needs a Written Constitution. The Round Table: The Commonwealth Journal of International Affairs.
    The United Kingdom’s constitution is obscure and open textured. The powers of the state are vested in the Crown which is subject to diverse and contradictory interpretations of its identity. The obscurity of the UK constitution is dysfunctional and needs to be reformed by way of a written constitution. The shortcomings of the UK’s unwritten common law constitution is illustrated in the Supreme Court’s majority judgment in the 2017 Miller case. The common law constitution makes the judges the constituent power and especially vulnerable to criticism when dealing with intensely disputed political matters. In the absence of a written constitution the Supreme Court may lack institutional confidence in its role and authority and seek to portray its decisions as merely technical applications of the law rather than assertions of creative and active constitutional law making. A written constitution would be an opportunity to design an integrated and coherent body of constitutional law, transform the Supreme Court’s status and improve the clarity of its constitutional decision making.
  • Payne, S. (2011). The Conflict between Liberty and Security. Istituzioni del Federalismo [Online] 32:773-800. Available at: http://www.regione.emilia-romagna.it/affari_ist/Rivista_4_2011/Payne.pdf.
  • Payne, S. (2008). The War Prerogative and Constitutional Change. RUSI Journal [Online] 153:28-35. Available at: http://dx.doi.org/10.1080/03071840802249455.
  • Payne, S. (2007). Reforming Britain's War Powers. RUSI Newsbrief [Online] 27:85-87. Available at: http://www.rusi.org/.
  • Payne, S. (2002). Britain's New Anti-Terrorist Legal Framework. RUSI Journal [Online] 147:44-52. Available at: http://www.rusi.org/publication/journal/act:index/.
  • Payne, S. (1990). Negligent Auctioneers: Let Sleeping Dogs Lie. Professional Negligence 6:138-141.

Book section

  • Sunkin, M. and Payne, S. (1999). The Nature of the Crown: An Overview. in: Sunkin, M. and Payne, S. eds. The Nature of the Crown: A Legal and Political Analysis. Oxford University Press, pp. 23-32.
  • Sunkin, M. and Payne, S. (1999). The Royal Prerogative. in: Sunkin, M. and Payne, S. eds. The Nature of the Crown: A Legal and Political Analysis. Clarendon press, pp. 77-110.
  • Payne, S. (1994). Four studies in error. in: Payne, S. ed. Instructing Counsel. Croydon: Tolley Publishing Company Ltd, pp. 22-42.
    In this book, a team of distinguished authors draw on their experience and alert those who instruct counsel to potential problems and pitfalls in the handling of a case, from preliminary analysis of a client's problem to preparation for trial; sound practical advice is given to enable practitioners to work effectively together, thus combining their expertise with a view to providing the client with a formidable professional force.
  • Payne, S. (1994). Instructing Counsel. in: Payne, S. ed. Instructing Counsel. Croydon: Tolley Publishing Company Ltd, pp. 3-21.
    In this book, a team of distinguished authors draw on their experience and alert those who instruct counsel to potential problems and pitfalls in the handling of a case, from preliminary analysis of a client's problem to preparation for trial; sound practical advice is given to enable practitioners to work effectively together, thus combining their expertise with a view to providing the client with a formidable professional force.

Edited book

  • Eyal, J. et al. eds. (2003). Documents on British Foreign and Security Policy. Volume II: 1997-1998. London: The Stationary Office.
  • Sunkin, M. and Payne, S. (1999). The Nature of the Crown: A Legal and Political Analysis. Payne, S. and Sunkin, M. eds. Oxford University Press.
    This book explores the nature of the Crown in its legal and political context. Here the term The Crown is being used, not as a direct reference to the Queen but, as a reference to the central power of the State which exercises legal and political authority. It is a surprising fact that the nature of the Crown has not been the object of extensive literature with pride of place on constitutional law courses. The nature of the Crown has been taken for granted, in part because it is so fundamental and in part because many academics have no idea what the term The Crown amounts to. This book aims to redress this state of affairs by drawing together in one book a collection of essays that explores what the Crown is, or might be, and the critical issues relating to it. The Crown refers to the authority of Government and the very entity of Government. All the people going about the Governments business, Ministers of the Crown and civil servants do so under the cloak of the Crown with its powers and immunities. The idea of democracy may appear central to our political arrangements but the legal facts are that the Crown subsists not merely as the power: it is the state. If the legal facts of our political arrangements clash with our individual beliefs about democracy then that clash is of the highest importance.
  • Eyal, J. et al. eds. (1998). Documents on British Foreign and Security Policy. Volume I: 1995-1997. London: The Stationary Office.
  • Payne, S. ed. (1994). Instructing Counsel. Croydon: Tolley Publishing Company Ltd.
Last updated