UK Constitutional Law Association

affiliated to the International Association of Constitutional Law

Richard Clayton QC: The Brexit Case That Never Was

Since the European Union (Notification of Withdrawal) Bill was enacted so swiftly, the political implications of R(Miller) v Secretary of State for Exiting the European Union [2017] 2 WLR 58 … Continue reading

March 22, 2017 · 5 Comments

Robert Thomas and Joe Tomlinson: A Design Problem for Judicial Review: What We Know and What We Need to Know about Immigration Judicial Reviews

Immigration and asylum claimants often use judicial review to challenge immigration refusal decisions made by the Home Office. Immigration-related cases have, for a long time now, presented serious difficulties to … Continue reading

March 16, 2017 · 1 Comment

Adrian Zuckerman: The Law’s Disgrace

In the article by Tom Hickman, “Public Law’s Disgrace”, Hickman laments the fact that the “vast majority of the population have no access to judicial review in any meaningful sense.” … Continue reading

February 27, 2017 · 8 Comments

Mikolaj Barczentewicz: The Principle of Legality and the EU-withdrawal Statute

Legal criticism of the EU (Notification of Withdrawal) Bill is quickly amassing. Notably, Paul Daly suggested that general phrasing of an authorisation to notify the UK’s intention to withdraw from … Continue reading

February 21, 2017 · 2 Comments

Joe Tomlinson: Ouster Clauses Inside-out

Last week’s decision in R (Privacy International) v Investigatory Powers Tribunal [2017] EWHC 114 (Admin) gained immediate attention among public lawyers (see Paul Daly’s blog article here and Mark Elliott’s blog article … Continue reading

February 16, 2017 · 2 Comments

Narelle Bedford: Public Law, No Disgrace in Australia but Room for Improvements

Writing recently Tom Hickman raised the vital issue that fear of an adverse cost order can prevent potential applicants from seeking judicial review in UK courts with serious consequences for … Continue reading

February 15, 2017 · Leave a comment

Joe Atkinson: Parliamentary Intent and the Sewel Convention as a Legislatively Entrenched Political Convention

One interesting finding in Miller is that it appears to recognise the Sewel Convention as a new form of constitutional convention; one that is legislatively entrenched but remains a convention … Continue reading

February 10, 2017 · Leave a comment