UK Constitutional Law Association

affiliated to the International Association of Constitutional Law

Noreen O’Meara: Reforming the European Court of Human Rights through Dialogue? Progress on Protocols 15 and 16 ECHR

Much progress has been made following the agreement of the Brighton Declaration on reforms to the working practices of the European Court of Human Rights (ECtHR).  The Brighton Ministerial Conference … Continue reading

May 31, 2013 · 2 Comments

Derek O’Brien: The Basic Structure Doctrine and the Courts of the Commonwealth Caribbean

The basic structure doctrine, as first expounded by the Indian Supreme Court in the early 1970s in Kesavanand Bharati v Kerala (A.I.R. 1973 SC 1461), asserts that the law-making powers … Continue reading

May 28, 2013 · 3 Comments

Richard Ekins: Defying the law: a reply to Daly

I’m grateful to Paul Daly for bringing to my attention the Irish High Court’s Fleming decision and the Ménard Report.  However, I think he is wrong to censure the former … Continue reading

May 23, 2013 · 4 Comments

Dorota Leczykiewicz: Melloni and the future of constitutional conflict in the EU

Constitutional conflict is a leitmotif of the relationship between EU law and national law. Courts of EU Member States are under a dual obligation of loyalty. On the one hand, … Continue reading

May 22, 2013 · 4 Comments

Alison L. Young: Fact/Law – a Flawed Distinction?

If prizes were awarded to ‘Distinctions in English law’, then a good contender for the ‘lifetime achievement’ award would be the distinction between ‘law’ and ‘fact’. Whilst adventurers have their … Continue reading

May 21, 2013 · 2 Comments

News: CONREASON Project

As part of the Schumpeter CONREASON Project, based at the Max Planck Institute for Comparative Public Law and International Law in Heidelberg, we are conducting an online expert survey on … Continue reading

May 16, 2013 · Leave a comment

Paul Daly: Death, Democracy and Delegation

Decisions on when to end one’s life are unquestionably of the greatest intimacy. Yet there is a clear public interest in ensuring that these decisions are carefully regulated to ensure … Continue reading

May 14, 2013 · Leave a comment
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