UK Constitutional Law Association

affiliated to the International Association of Constitutional Law

Gavin Anderson et al: The Independence Referendum, Legality and the Contested Constitution: Widening the Debate

Two weeks ago, the UK Government published its consultation document on Scotland’s Constitutional Future, in which it stated its view that the Scottish Parliament has no power to enact legislation … Continue reading

January 31, 2012 · 16 Comments

Paul Kildea: Constitutional Recognition of Aboriginal and Torres Strait Islander Peoples: The ‘what’ and ‘how’ of reform

Amending the text of the Australian Constitution has been described as a ‘labour of Hercules’. It has been changed just eight times since Federation in 1901 (out of 44 attempts) … Continue reading

January 30, 2012 · 4 Comments

Ruiyi Li: Case-law adopted by China?

On the 26th of November 2011, the Supreme People’s Court of China (SPCC) announced the first set of ‘guiding cases’: two civil law cases and two criminal cases.  This marks the … Continue reading

January 26, 2012 · 3 Comments

Aileen McHarg: Public Law, Private Law and the Distinctiveness of Scots Judicial Review

Scottish judges and textbook writers are fond of asserting the distinctive nature of judicial review in Scotland compared with England.  According to Clyde and Edward, for example, (Judicial Review, 2000, … Continue reading

January 20, 2012 · 1 Comment

Paul Yowell: EU Act 2011: Law and Politics

The European Union Act 2011, which received royal assent in July of last year, could have important implications for several aspects of the UK constitution, including the UK’s relationship with … Continue reading

January 19, 2012 · 3 Comments

Sophie Duxson and Greg Weeks: A Constitutional crisis or just the work of a sovereign Parliament?: The case of Hungary

On 1 January 2012, a new Constitution (or Fundamental Law) took effect in the Central European state of Hungary.  From even before that date, there has been considerable international comment … Continue reading

January 17, 2012 · 1 Comment

Tom Adams: Lord Sumption and Judicial Responsibility

Lord Sumption has for some time been an important man, and very recently became more important.[1] Indeed, he was too important already on the 9th of November 2011 for Lincoln’s … Continue reading

January 16, 2012 · 2 Comments

Adam Tomkins: The Scottish Parliament and the Independence Referendum

I read with great interest the stimulating post written on this subject by Nick Barber. He makes three points that I would take issue with. The first is a detail, … Continue reading

January 12, 2012 · 20 Comments

Cormac Mac Amhlaigh: … yes, but is it legal? The Scottish Independence Referendum and the Scotland Act 1998

The question of the legality of a referendum on Scottish independence pursuant to an Act of the Scottish Parliament has been a hobbyhorse of Scottish constitution- watchers since before the … Continue reading

January 12, 2012 · 6 Comments

Mike Gordon: The European Union Act 2011

The European Union Act 2011 (EUA) is an unprecedented constitutional experiment.  This post will outline the two main innovations of the Act: (1) the section 18 ‘sovereignty’ clause; and (2) … Continue reading

January 12, 2012 · 7 Comments

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