UK Constitutional Law Association

affiliated to the International Association of Constitutional Law

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 · 2 Comments

Richard Clayton QC: New Directions for Article 10: Strasbourg Reverses the Supreme Court in Kennedy

The Supreme Court decision in Kennedy v Charity Commission was striking from many points of view.  Mr Kennedy was a journalist frustrated by the way the Commission handled his allegations … Continue reading

December 13, 2016 · 2 Comments

Robert Craig: Report of Proceedings: Miller v Secretary of State for Exiting the European Union, Supreme Court, Day 3

Introduction This post aims to summarise the highlights of the Supreme Court (SC) hearing on Day 3 (7 December 2016) of the hearings in the Miller v Secretary of State … Continue reading

December 12, 2016 · 6 Comments

Robert Craig: Report of Proceedings: Miller v Secretary of State for Exiting the European Union, Supreme Court, Day 2

Introduction This post aims to summarise the highlights of the Supreme Court hearing on 6 December 2016. As mentioned yesterday, as with the reports on the High Court, this report … Continue reading

December 7, 2016 · 3 Comments

Robert Craig: Report of Proceedings: Miller v Secretary of State for Exiting the European Union, Supreme Court, Day 1

Introduction This post aims to summarise the highlights of the Supreme Court hearing on 5 December 2016. Unlike the reports on the High Court, this report will not be comprehensive. … Continue reading

December 6, 2016 · 6 Comments

Thomas Poole: Losing our Religion? Public Law and Brexit

Prerogative is the enemy of the people. This has been settled as matter of law for a very long time. The constitutional settlement of 1688 made a decision for responsible … Continue reading

December 2, 2016 · 10 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 · 13 Comments