UK Constitutional Law Association

affiliated to the International Association of Constitutional Law

Thomas Horsley: In (Domestic) Courts We Trust: The European Union (Withdrawal) Bill and The Interpretation of Retained EU Law

Earlier in the year, I posted on the importance of Parliament legislating to provide a new ‘constitutional instruction’ to national courts to replace that currently set out in the European … Continue reading

November 27, 2017 · 1 Comment

Armin Cuyvers: Two Legal Tools to Avoid Hard Brexit: Delayed Exit and Decreasing Membership under Article 50 TEU

Faced with a cliff, jumping is generally considered one of the least pleasant solutions. Yet we are racing towards the edge of the Brexit cliff. Miracles excluded, the UK and … Continue reading

November 24, 2017 · 3 Comments

Robert Hazell and Dawn Oliver: The Constitutional Standards of the Constitution Committee: How a Code of Constitutional Standards Can Help Strengthen Parliamentary Scrutiny

Cross-posted with the Constitution Unit blog. Today the Constitution Unit has published a third edition of its report on the Constitutional Standards of the House of Lords Select Committee on … Continue reading

November 22, 2017 · Leave a comment

Christopher McCrudden and Daniel Halberstam: Northern Ireland’s Supreme Court Brexit Problem (and the UK’s too)

There are many unfortunate results of Brexit, but one of the most problematic is the adverse effects it has had on current and future relationships between Britain and Ireland, and … Continue reading

November 21, 2017 · 5 Comments

Richard Lang: The European Union (Withdrawal) Bill: Clause 4(2)(b), a Reply to Downie and Further Reflections

Introduction On 8 September 2017, Gordon Downie, wrote a most interesting and thought-provoking piece for this blog, in which he warned that Clause 4(2)(b) of the European Union (Withdrawal) Bill … Continue reading

November 15, 2017 · 2 Comments

Alison Young: Benkharbouche and the Future of Disapplication

Last week, Lord Sumption delivered the majority decision of the Supreme Court on Benkharbouche v Secretary of State for Foreign and Commonwealth Affairs: Secretary of State for Foreign and Commonwealth … Continue reading

October 24, 2017 · 2 Comments

Robert Craig: Why an Act of Parliament Would Be Required to Revoke Notification under Article 50

The possibility of the UK revoking its Article 50 notice is hitting the headlines. The Prime Minister was asked last Monday in Parliament if she had received legal advice that … Continue reading

October 16, 2017 · 11 Comments