UK Constitutional Law Association

affiliated to the International Association of Constitutional Law

Aurel Sari: Biting the Bullet: Why the UK Is Free to Revoke Its Withdrawal Notification under Article 50 TEU

‘There is no going back.’ These were the words of Lord Pannick, uttered before the High Court in response to the question whether the United Kingdom could rescind its notification … Continue reading

October 17, 2016 · 2 Comments

Piet Eeckhout: The UK Decision to Withdraw from the EU: Parliament or Government?

The litigation concerning the triggering of Art 50 TEU is under way, with hearings this past week and early next.  It is the constitutional case of the century.  The Government’s … Continue reading

October 15, 2016 · 5 Comments

Stefan Theil: A union of states, constitutions, administrations and judiciaries: some initial thoughts on the OMT ruling of the German Constitutional Court

In the midst of the all-consuming Brexit Referendum Debate, and the unfortunate vote by the United Kingdom to Leave the EU, one might be forgiven for having overlooked this particular … Continue reading

July 20, 2016 · 1 Comment

Ewan Smith: What Would Happen if the Government Unlawfully Issued an Article 50 Notification without Parliamentary Approval?

In “Pulling the Article 50 ‘Trigger’: Parliament’s Indispensable Role” Nick Barber, Jeff King and Tom Hickman argued that it is Parliament, and not the government, who get to decide whether to … Continue reading

June 30, 2016 · 12 Comments

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

Sam Fowles: In Defence of Europe

Professor Nicol’s critique of Another Europe is Possible and DiEM 2025 is undoubtedly engaging. But it confuses constitutional law with policy enacted through the law and can only be justified … Continue reading

March 9, 2016 · 11 Comments

Pavlos Eleftheriadis: The Proposed New Legal Settlement of the UK with the EU

In this comment I discuss the proposals for a new settlement between the UK and the EU. As I will show, the precise nature of the draft agreement is unclear. … Continue reading

February 13, 2016 · Leave a comment