UK Constitutional Law Association

affiliated to the International Association of Constitutional Law

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 · Leave a comment

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 · 3 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 · 9 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

Philip Allott: Fundamental Legal Aspects of UK Withdrawal from the EU: Eight Stages on the Way to a New Relationship

The exceptional complexity of the legal aspects of UK withdrawal from the EU is due to the fact that it involves the interaction of three legal systems – international law, … Continue reading

November 9, 2016 · 14 Comments

David Feldman: Brexit, the Royal Prerogative, and Parliamentary Sovereignty

The issues in Miller In R. (Miller) v. Secretary of State for Exiting the European Union [2016] EWHC 2768 (Admin) judges had to decide, as a matter of law, on … Continue reading

November 8, 2016 · 18 Comments

Jeff King: What Next? Legislative Authority for Triggering Article 50

The High Court judgment in Miller v Secretary of State for Exiting the European Union last Thursday made it clear that an Act of Parliament is required for a notice … Continue reading

November 8, 2016 · 17 Comments