UK Constitutional Law Association

affiliated to the International Association of Constitutional Law

Stefan Theil: A Vote of Confidence for the German Democratic Order: The German Federal Constitutional Court Ruling on the Application to Ban the National Democratic Party

On 17 January 2017, the German Federal Constitutional Court (FCC) ruled on the application of the German Federal Council to find that the far right National Democratic Party of Germany … Continue reading

January 31, 2017 · 1 Comment

Oliver Garner: Conditional Primacy of EU Law: The United Kingdom Supreme Court’s Own “Solange (so long as)” Doctrine?

In circumstances of “normal” membership of the European Union, the UK Supreme Court’s dicta in the Miller judgment that EU law is an “independent and overriding source of domestic law” … Continue reading

January 31, 2017 · 10 Comments

Philip Allott: The Short Title of the European Union (Notification of Withdrawal) Bill Is Incorrect

The Short Title of the European Union (Notification of Withdrawal) Bill is incorrect. The notification is not of withdrawal from the EU. As the Long Title and Clause 1(1) of … Continue reading

January 30, 2017 · 31 Comments

Pavlos Eleftheriadis: The Systematic Constitution

The Supreme Court judgment in Gina Miller is not merely an affirmation of what the High Court said. The eight member majority confirmed the earlier decision, but also took the … Continue reading

January 30, 2017 · 4 Comments

Patrick O’Brien: All for Want of a Metaphor: Miller and the Nature of EU Law

The judgments in Miller highlight the fact that the common law has never managed to arrive at a satisfactory intellectual framework for European law. I will focus first on Lord Reed’s dissent. … Continue reading

January 30, 2017 · 9 Comments

Hasan Dindjer: Sources of Law and Fundamental Constitutional Change

The majority’s reasoning in Miller may appear to turn on the proposition that the European Communities Act 1972 (‘ECA’) introduced a new source of law in the UK ([60]-[66]). The … Continue reading

January 27, 2017 · 4 Comments

David Howarth: The Government’s Fatal Concession in Miller

After days of oral argument, lorry-loads of authorities and a 96 page judgment, one question still bothers me. Why did the government concede (see the Supreme Court’s judgment at [74]) … Continue reading

January 27, 2017 · 8 Comments

Timothy Endicott: A Treaty of Paramount Importance

Cross-posted with the Judicial Power Project. The reasoning of the majority of the UK Supreme Court in Miller‘s case is undermined by Lord Reed’s rather beautiful explanation of the European Communities … Continue reading

January 26, 2017 · 11 Comments

Paul Reid: Time to Give the Sewel Convention Some (Political) Bite?

Constitutional conventions are, the Supreme Court has confirmed, just that: conventions. The courts are “neither the parents nor the guardians” of such conventions; “merely observers” (para.146). The Sewel Convention “has … Continue reading

January 26, 2017 · 3 Comments

Robert Craig: Miller Supreme Court Case Summary

R (on the application of Miller and Dos Santos) (Respondents) v Secretary of State for Exiting the European Union (Appellant) Reference by the Attorney General for Northern Ireland – In … Continue reading

January 26, 2017 · 10 Comments

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