UK Constitutional Law Association

affiliated to the International Association of Constitutional Law

Mikolaj Barczentewicz: The Principle of Legality and the EU-withdrawal Statute

Legal criticism of the EU (Notification of Withdrawal) Bill is quickly amassing. Notably, Paul Daly suggested that general phrasing of an authorisation to notify the UK’s intention to withdraw from … Continue reading

February 21, 2017 · 2 Comments

Mikolaj Barczentewicz: Uses and Misuses of the Rule of Recognition in Miller

The jurisprudential concept of the rule of recognition featured several times during the Miller hearings at the Supreme Court. In this short note, I discuss three uses of the concept … Continue reading

January 12, 2017 · 5 Comments

Mikolaj Barczentewicz: Consequences of the High Court’s Reasoning in the Article 50 Judgment: EU Law-making Unlawful

Introduction In its judgment in Miller (the Article 50 litigation), the High Court had no doubts that it was defending constitutional orthodoxy. The issue at stake was that of the … Continue reading

November 18, 2016 · 26 Comments

Mikolaj Barczentewicz: The Supreme Court Should Not Refer to the EU Court of Justice on Article 50

One of the most discussed aspects of the forthcoming appeal in the Article 50 litigation is the issue whether the Supreme Court should make a reference to the Court of … Continue reading

November 11, 2016 · 24 Comments

Mikolaj Barczentewicz: Does EU Law Bind Parliament as to Withdrawal from the EU? British Expats and Their Right to Vote (Shindler)

With the Brexit referendum quickly approaching, the courts were confronted with an EU law challenge against a provision of the European Union Referendum Act 2015 (‘the 2015 Act’) that, by … Continue reading

June 16, 2016 · 5 Comments

Mikolaj Barczentewicz: Limits of the Domestic Judicial Power to Disregard EU Law – Chester in Reverse

Domestic courts in the United Kingdom have a power (and a duty) to disregard EU law when it exceeds the scope of incorporation by the European Communities Act 1972. It … Continue reading

February 24, 2016 · 1 Comment

Weekly round-up of events

This week’s event announcements include: ‘The Constitutional Implications of the Miller Judgment’, UCL Laws and Public Law, 22 February 2017 Half-day seminar on the Miller judgment, the ‘constitutional case of … Continue reading

February 10, 2017 · Leave a comment

Robert Craig: Miller: An Index of Reports and Commentary

The list below organises the voluminous commentary and legal filings in the Miller litigation. It is designed to be one-stop-shop for locating relevant documents, helping to identify the key issues. … Continue reading

January 25, 2017 · 6 Comments

Stijn Smismans: About the Revocability of Withdrawal: Why the EU (Law) Interpretation of Article 50 Matters

In the Miller case the High Court of England and Wales did not question the parties’ common understanding that withdrawal under Article 50 cannot be revoked once triggered. However, academic … Continue reading

November 29, 2016 · 21 Comments

Ronan McCrea: Arguing that Article 50 Notification Is Reversible Involves Risks for the Government

Well-placed sources have reported to the Guardian that the Government’s lawyers will argue before the Supreme Court that notice triggering Article 50 can be revoked if the UK changes its … Continue reading

November 15, 2016 · 7 Comments