RESEARCH

Pandemic Law

Brexit

EMERGENCY LAW

UK-EU RELATIONS

RULE OF LAW CRISIS

RULE OF LAW AND EMERGENCIES

Book

Articles and Chapters

Policy Papers and Reports

Legal Commentary

Building on global comparative research led by Dr Grogan, this body of work examines examines the use of emergency, ordinary and soft powers during crisis; and the relative strength and weakness displayed by both autocratic and democratic systems. It considers the impact of the COVID-19 pandemic on legal systems and governance worldwide from the perspective of the rule of law, democracy and human rights.

J Grogan and A Donald, The Routledge Handbook of Law and the COVID-19 Pandemic (Routledge 2022)

J Grogan, 'Law, authoritarianism and emergencies' in Mark Tushnet, Cora Chan, Madhav Khosla, and Ben Liebman (eds), Oxford Handbook on Law and Authoritarianism (OUP forthcoming 2025)
J Grogan, 'The Impact of COVID-19' in T Daly, and D Samaratne (eds), Democratic Consolidation and Constitutional Endurance in Asia and Africa: Comparing Uneven Pathways (OUP 2024)
J Grogan and AE Yamin, 'A Functionalist Approach to Analyzing Legal Responses to COVID-19 Across Countries: Comparative Insights from Two Global Symposia' in G Cohen, AR Gluck, KL Kraschel, and C Shachar (eds), COVID-19 and the Law: Disruption, Impact, and Legacy, (Cambridge University Press 2023)
J Grogan, 'COVID-19, The Rule of Law and Democracy. Analysis of Legal Responses to a Global Health Crisis' (2022) HJRL
J Grogan, 'The Limited Role of the European Union in the Management and Governance of the COVID-19 Pandemic' (2021) 84 IOLR 480-504
J Grogan, 'States of Emergency: Analysing Global Use of Emergency Powers in Response to COVID-19' [2020] European Journal of Law Reform 338
J Grogan and A Donald, 'Lessons for a 'Post-Pandemic' Future', in J Grogan and A Donald, Routledge Handbook of Law and the COVID-19 Pandemic' (Routledge 2022)
J Grogan and J Beqiraj, 'The Rule of Law as the Perimeter of Legitimacy for COVID-19 Responses' in J Grogan and A Donald, Routledge Handbook of Law and the COVID-19 Pandemic (Routledge 2022)
J Grogan, '(Un)Governing: COVID-19 Response in the UK', in J Grogan and A Donald, 'Routledge Handbook of Law and the COVID-19 Pandemic' (Routledge 2022)
J Grogan, 'The impact of Covid-19 on constitutionalism and constitution-building' in Adem Abebe et al, Annual Review of Constitution-Building: 2020 (International IDEA 2021)

J Grogan, Impact of COVID-19 measures on democracy and fundamental rights - Best practices and lessons learned in the Member States and third countries, European Parliament Study (November 2022).
J Grogan and A Donald, The Implications of COVID-19: Insights into State Governance and the Rule of Law, Human Rights and Good Governance during the COVID-19 Pandemic (RECONNECT Policy Paper, Deliverable 11.2, 2022)
AE Yamin, J Grogan and P Villarreal (eds), International Pandemic Lawmaking: Conceptual and Practical Issues (Petrie Flom Center and Max Planck Institute 2021)
J Grogan, Extraordinary or extralegal responses? COVID-19 and the rule of law in Europe (Democracy Reporting International 2021)
J Grogan and N Weinberg, Principles to Uphold the Rule of Law and Good Governance in a Public Health Emergency (RECONNECT Policy Brief 2020)

Executive dominance, uncertainty, and inconsistency plagued the UK’s COVID laws (LSE COVID-19 Blog, 5/4/2022)
Public health is not the only measure of success. The ‘health’ of democratic institutions matters too (LSE COVID-19 Blog, 4/4/2022)
Decision-makers in times of crisis (Lex Atlas, 4/4/2022)
Power, Law and the COVID-19 Pandemic – Part II: Preparing for Future Emergencies (Verfassungsblog, 15/5/2021)
Power, Law and the COVID-19 Pandemic – Part I: The Year of Pandemic (Verfassungsblog,
A Government (Un)Governed? (Verfassungsblog, 15/5/2021)
Rule of law as a perimeter of legitimacy for COVID-19 Responses (Verfassungsblog, 17/04/2021)
Protest amid Pandemic (Verfassungsblog, 10/11/2020)
Effective Pandemic Management Requires the Rule of Law and Good Governance (Verfassungsblog, 4/11/20) with Nyasha Weinberg
Rule of law and COVID-19: the need for clarity, certainty, transparency and coordination (LSE British Politics, 26/11/20)
To declare a state of emergency or not to call a state of emergency: that is not the question (RECONNECT, 9/10/20) - with Franklin de Vrieze
State in Emergency without a State of Emergency (Trinity College Dublin COVID Observatory, 15/6/20)
States of Emergency (Verfassungsblog, 26/05/20)
Right Regulation or Regulating Rights: the UK Acts to Address COVID-19 (Verfassungsblog)

UK/EU RELATIONS AND BREXIT

Articles and chapters

Commentary and analysis

Examining how Brexit has impacted constitutional law and the protection of rights, this research examines the questions of power, the executive and the role of parliament in the UK as well as the UK's evolving relationship with the EU.

J Grogan, ‘Rights and Remedies at Risk: Implications of the Brexit Process on the Future of Rights in the UK’ [2019] Public Law 683
J Grogan, ‘The Injustice of Uncertainty’ in Elaine Fahey and Tawhida Ahmed, Brexit, Justice and Injustice (Elgar Publishing 2019)
J Grogan, ‘How Democratic is the Brexit Process?’ in P Dunleavey and A Parks (eds), The 2018 Audit of UK Democracy (LSE 2019)
J Grogan, ‘How Democratic is the Brexit Process?’ in P Dunleavey and R Taylor (eds), The 2017 Audit of UK Democracy (LSE 2018)

Does the UK's Rwanda policy risk the UK-Ireland relationship? (UKICE, 3/5/2024)
What are the Safety of Rwanda (Asylum and Immigration) Act 2024 and the UK-Rwanda Treaty? (UKICE, 25/4/24)
Labour, asylum and the ‘perma-backlog’ (UKICE, 22/3/2024)
What are the Rwanda Treaty and the Safety of Rwanda (Asylum and Immigration) Bill? (UKICE, 21/3/2024)
The UK’s ECHR record: how common are Rule 39 orders and how often is the UK found to have violated rights? (UKICE, 25/1/2024)
Legislating fiction: MPs set to debate the Rwanda Bill (Verfassungsblog, 15/01/2024)
Defeat in the Supreme Court (Verfassungsblog, 17/11/2023)
Unpacking the UK Supreme Court's Rwanda Decision (UKICE, 16/11/2023)
The Illegal Migration Act 2023 (UKICE, 15/8/2023)
Rwanda Policy Unlawful: Unpacking the Court of Appeal's decision (UKICE, 29/5/2023)
The Illegal Migration Bill (UKICE, 25/4/2023)
Closure and Continuity (Verfassungsblog, 19/4/2023)
50 Years On (Verfassungsblog, 20/3/2023)
Where does the Strikes Bill put the UK relative to other European Countries? (UKICE, 7/2/2023)
Strikes, essential services, and minimum service levels (UKICE, 30/1/2023)
The Retained EU Law (Revocation and Reform) Bill (UKICE, 5/1/2023)
Could the EU or the UK ban Russian citizens from Entry? (UKICE, 31/8/2022)
The European Convention on Human Rights (UKICE, 24/5/2023)
Last-Minute Legislating as the Brexit Deal is Concluded (DCU Brexit Blog, 30/12/2020)
Brexit is Done? Brexit has only just begun (LSE Brexit Blog)
Amid global emergency no urgency (DCU Brexit Blog, 9/06/20)
This is not the end (Verfassungsblog)
Rule of Law not Rule of Politics (Verfassungsblog)
Four Categories of Risk to Rights (Oxford Human Rights Hub)
Fools Rush Out (Verfassungsblog)
Where power lies or where power lied (Verfassungsblog)
The Next Few Days Will Reveal where the Heart of Power Lies in the British Constitution (Verfassungsblog, 2/09/19)
Prorogation is a Paper Tiger but Time is the Elephant (LSE Brexit Blog)
Three Fast and Slow Lessons for UK Democracy (Democratic Audit, 8/01/19)
EU Law is not something we simply leave behind on Brexit day (LSE Brexit Blog, 10/07/18)
Suffering from Withdrawal (Verfassungsblog, 12/06/18)
The Lords have just raised the bar on the defence of rights and the rule of law in the Brexit process (LSE Brexit Blog, 27/04/18)
The good, the bad and the ugly of the arguments for ditching the EU Charter of Fundamental Rights (LSE Brexit Blog,1/02/18)
Legislation that is and is not: the deeply problematic Repeal Bill (LSE Brexit Blog, 17/07/17)
The (Not So) Great Repeal Bill Part 2: how Henry VIII clauses undermine Parliament (LSE Brexit Blog, 5/06/17)
The (Not So) Great Repeal Bill Part 1: only uncertainty is certain (LSE Brexit Blog (2/06/17)
Rights for the Chop: How a Henry VIII clause in the Great Repeal Bill will undermine democracy (LSE Brexit Blog, 30/11/16)
Pressing the Red Button on Rights (UK Human Rights Blog, 4/07/16)

RULE OF LAW CRISIS IN THE EU

Commentary and analysis

Reports and chapters

The rule of law crisis refers to the increasing democratic deconsolidation and 'rule of law backsliding' by certain EU Member States. 'Rule of law backsliding' is "the process through which elected public authorities deliberately implement governmental blueprints which aim to systematically weaken, annihilate or capture internal checks on power with the view of dismantling the liberal democratic state and entrenching the long-term rule of the dominant party” (Pech and Scheppele 2017). This research examines the crisis, and forwards actions which should be taken at national and EU levels.

J Grogan and B Grabowska-Moroz, The Missing Chapter: The EU’s Own Adherence to Rule of Law Standards (Verfassungsblog, 24/11/2024)
J Grogan, The EU's rule of law crisis: has progress been made? (UKICE, 6/8/2024)
J Grogan, The EU's Annual Report 2023 (UKICE, 12/7/2023)

B Grabowska-Moroz and J Grogan (eds), Rule of Law Beyond the Member States: Assessing the Union's Performance (CEU Democracy Institute, 2024)
J Grogan and JCA van Dam, 'Soft Law and the Rule of Law Crisis', in Emilia Korkea-aho, Ulrika Mörth and Mariolina Eliantonio (eds) Research Handbook on Soft Law in the EU (Edward Elgar, 2023)
L Pech and J Grogan, ‘EU External Relations and Human Rights’ in Ramses Wessel, and Joris Larik (eds), EU External Relations Law: Text, Cases and Materials (Hart Publishing 2020)
L Pech and J Grogan, ‘Upholding the Rule of law in the EU: What Role for the EUFRA?’ in R Byrne, G Quinn & H Entzinger (eds), Building Trust on Human Rights (Routledge 2019)
J Grogan, L Pech et al, 'The crystallisation of a core EU meaning of the rule of law and its (limited) normative influence beyond the EU' RECONNECT Working Paper 7.3 (May 2021)
L Pech, J Grogan et al, ‘Unity and Diversity in National Understandings of the Rule of Law in the EU’ RECONNECT Working Paper 7.1 (May 2020)
L Pech, J Grogan et al, ‘Meaning and Scope of the EU Rule of Law’ RECONNECT Working Paper 7.2 (May 2020)

RULE OFLAW CRISIS