UK Constitutional Law Association

affiliated to the International Association of Constitutional Law

Elizabeth Campion: Pay No Attention to the Man Behind the Curtain: Parliamentary and Governmental Power in the Wake of the EU Referendum

The case of Santos and M v Secretary of State for Exiting the European Union (CO/3281/2016 and CO/3809/2016) (“Santos“) was heard in the High Court this week by the Lord … Continue reading

October 24, 2016 · 2 Comments

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

Editors’ note: For a report on the first day of proceedings, please see here. Introduction The second day of proceedings in the Miller case started at 9.45am as scheduled following … Continue reading

October 20, 2016 · 7 Comments

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

Robert Craig: Report of Proceedings: Miller v Secretary of State for Exiting the European Union

Introduction Thursday 13 October 2016 marked the beginning of the hearing over the constitutional question of whether Article 50 may be triggered by the Government without further statutory authorisation. This … Continue reading

October 14, 2016 · 14 Comments

Byron Karemba: The Investigatory Powers Bill: Introducing Judicial Scrutiny of Surveillance Warrants and the Broader Constitutional Context (Part III)

This post follows Parts I & II commenting on aspects of the Investigatory Powers Commissioner to be setup by the Investigatory Powers Bill currently before  the  House of Lords. A … Continue reading

September 30, 2016 · 2 Comments

Joe Tomlinson: The Problem with the Trust Conception of the Doctrine of Legitimate Expectations in Administrative Law

Since the emergence of the modern doctrine of legitimate expectation in English and Welsh administrative law in the 1969 case of Schmidt v Secretary of State for Home Affairs [1968] … Continue reading

July 22, 2016 · 3 Comments