UK Constitutional Law Association

affiliated to the International Association of Constitutional Law

Alison Young: Towards an Expository Justice Approach to Human Rights Adudication?

The recent Supreme Court Case of R (Johnson) v Secretary of State for the Home Department, [2016] UKSC 56, appears at first glance to be a straightforward human rights claim. Lady Hale, … Continue reading

October 25, 2016 · 1 Comment

Ronan McCrea: Can a Brexit Deal Provide a Clean Break with the Court of Justice and EU Fundamental Rights Norms?

Those concerned with protecting human rights have been vocal in their concern that the Brexit process will lead to a reduction in human rights protection in the UK. Indeed, part … Continue reading

October 3, 2016 · 6 Comments

Conor Gearty: The Human Rights Act Should Not Be Repealed

There is no reason to repeal the Human Rights Act and the government’s manifesto commitment to do so should be dropped. The objections to it are misconceived, the arguments against … Continue reading

September 17, 2016 · 15 Comments

John Adenitire: The Executive Cannot Abrogate Fundamental Rights without Specific Parliamentary Mandate – The Implications of the EU Charter of Fundamental Rights for Triggering Art 50

Legal action has been initiated against the UK Government to compel it to seek authorisation from Parliament before it can trigger Art 50. Various suggestions have been put forward as … Continue reading

July 21, 2016 · 21 Comments

Virginia Mantouvalou: EU Citizens as Bargaining Chips

A few days after the referendum on EU membership of the European Union, Theresa May stated that she would not guarantee the rights of EU citizens in the UK. Her … Continue reading

July 14, 2016 · 10 Comments

Graeme Cowie: Prisoners to Devolved Fortune? The Right to Vote and the Scotland Act 2016

The Hirst (No 2) v United Kingdom judgment has proven to be one of the most contentious of decisions of the European Court of Human Rights. Its subject matter, prisoner … Continue reading

May 18, 2016 · Leave a comment

Sionaidh Douglas-Scott: What Happens to ‘Acquired Rights’ in the Event of a Brexit?

Two recent UK Constitutional Law Association blogs (see here and here) have highlighted the importance of rights in the context of the UK’s referendum on EU membership, and indeed within … Continue reading

May 16, 2016 · 29 Comments