UK Constitutional Law Association

affiliated to the International Association of Constitutional Law

George Peretz QC: Storm Clouds over the Welsh Mountains: Agriculture and Devolution

A report by the National Assembly for Wales’ Climate Change, Environment and Rural Affairs Committee published on 24 March received more publicity than might have been expected. That was largely … Continue reading

March 30, 2017 · 4 Comments

Ewan Smith and Alison Young: “That’s how it worked in 2014, and how it would have to work again”

On the 9th of March, writing for the BBC, Laura Kuenssberg, the political editor of the BBC said “it’s up to the Westminster government to permit another [Scottish] referendum.” Six … Continue reading

March 15, 2017 · 10 Comments

Stephen Tierney: A Second Independence Referendum in Scotland: The Legal Issues

Scottish First Minister Nicola Sturgeon today announced the Scottish Government’s intention to hold a second referendum on independence between the autumn of 2018 and the spring of 2019. The move … Continue reading

March 13, 2017 · 13 Comments

Mark Elliott and Stephen Tierney: The ‘Great Repeal Bill’ and Delegated Powers

A good deal of the legal and constitutional interest generated by Brexit has so far, perhaps unsurprisingly, focussed upon the very beginning of the withdrawal process. Initially, all eyes were … Continue reading

March 7, 2017 · 5 Comments

Joe Atkinson: Parliamentary Intent and the Sewel Convention as a Legislatively Entrenched Political Convention

One interesting finding in Miller is that it appears to recognise the Sewel Convention as a new form of constitutional convention; one that is legislatively entrenched but remains a convention … Continue reading

February 10, 2017 · Leave a comment

David Scott: Miller, Sewel, and the Human Rights Act

Many celebrated Miller’s outcome, imposing a Parliamentary “brake” (however brief) on the triggering of Article 50. But the Supreme Court’s unanimous agreement on the devolution issues [129–151 for the majority; … Continue reading

February 8, 2017 · 1 Comment

Asanga Welikala: The Need for a ‘Cartesian Cleaning of the Augean Stables’? Miller and the Territorial Constitution

It is clear that the UKSC’s observations on the meaning and effect of ss. 1 and 2 of the Scotland Act 2016 in Miller have deep consequences for both the … Continue reading

February 7, 2017 · 1 Comment