UK Constitutional Law Association

affiliated to the International Association of Constitutional Law

Note from the Editors

Readers may wish to know that Prof. Mark Elliot has published an excellent and comprehensive argument about why Parliament’s approval is not required to trigger Article 50 TEU.  It replies … Continue reading

June 30, 2016 · 3 Comments

Leonard Besselink: Beyond Notification: How to Leave the European Union without Using Article 50 TEU

In legal terms, the referendum on EU membership in the UK is an advisory abrogative referendum. It needs to be given effect, if at all, by the competent authorities, primarily … Continue reading

June 30, 2016 · 10 Comments

Ewan Smith: What Would Happen if the Government Unlawfully Issued an Article 50 Notification without Parliamentary Approval?

In “Pulling the Article 50 ‘Trigger’: Parliament’s Indispensable Role” Nick Barber, Jeff King and Tom Hickman argued that it is Parliament, and not the government, who get to decide whether to … Continue reading

June 30, 2016 · 17 Comments

Adam Tucker: Triggering Brexit: A Decision for the Government, but under Parliamentary Scrutiny

What more, if anything, is needed to translate the result of the referendum into actual exit from the European Union? This question, which hardly featured in public discussion before the … Continue reading

June 29, 2016 · 28 Comments

Richard Ekins: The Legitimacy of the Brexit Referendum

As all the world knows, last Thursday the British people voted in a referendum about whether the UK should leave the EU.  The prospect of the referendum encouraged much reflection … Continue reading

June 29, 2016 · 123 Comments

Sionaidh Douglas-Scott: Brexit, the Referendum and the UK Parliament: Some Questions about Sovereignty

So, we have the result of the Referendum, and a majority of voters have voted to leave the EU. A mantra of Leave campaigners seems to have been the desire … Continue reading

June 28, 2016 · 29 Comments

Jo Murkens: Brexit: The Devolution Dimension

The results of the third nation-wide referendum in the United Kingdom are still sinking in at home and around the world. Just below 52% voted to leave the European Union, … Continue reading

June 28, 2016 · 15 Comments

Franz C. Mayer: Two Years Are Two Tears Are Two Years? When Does the Brexit Countdown Actually Begin?

Summer 2026. Germany has decided to leave the European Union. A few thousand votes were sufficient on the basis of a special referendum under Article 20(2) of the German constitution. … Continue reading

June 27, 2016 · Leave a comment

Kenneth Armstrong: Push Me, Pull You: Whose Hand on the Article 50 Trigger?

The days since the outcome of the British referendum vote to leave the European Union have seen much speculation over the law and politics of withdrawing from the EU under … Continue reading

June 27, 2016 · 20 Comments

Nick Barber, Tom Hickman and Jeff King: Pulling the Article 50 ‘Trigger’: Parliament’s Indispensable Role

In this post we argue that as a matter of domestic constitutional law, the Prime Minister is unable to issue a declaration under Article 50 of the Lisbon Treaty – … Continue reading

June 27, 2016 · 580 Comments

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