UK Constitutional Law Association

affiliated to the International Association of Constitutional Law

Jeff King and Nick Barber: In Defence of Miller

Miller v Secretary of State for Exiting the European Union has stimulated quite a bit of debate. Some criticism of the decision has been well-informed and thoughtful, whilst some of … Continue reading

November 22, 2016 · 16 Comments

Luke McDonagh: What Future for the Rule of Law and Human Rights in the New Populist Environment?

Introductions When I teach UK constitutional law to my students we often discuss the relationship between UK parliamentary sovereignty and the rule of law, and the tensions that inevitably occur … Continue reading

November 18, 2016 · 5 Comments

Mikolaj Barczentewicz: The Supreme Court Should Not Refer to the EU Court of Justice on Article 50

One of the most discussed aspects of the forthcoming appeal in the Article 50 litigation is the issue whether the Supreme Court should make a reference to the Court of … Continue reading

November 11, 2016 · 21 Comments

Timothy Endicott: ‘This Ancient, Secretive Royal Prerogative’

That was Gina Miller’s evocative phrase for the power of the Crown when she was interviewed on Radio 4 before the hearing in her case, R (on the application of … Continue reading

November 11, 2016 · 16 Comments

Albert Weale: The Constitution of Democracy and the Pretensions of the Plebiscite

When the UK’s High Court rendered its decision on whether the government could trigger Article 50 of the Lisbon Treaty under the royal prerogative to initiate the UK leaving the … Continue reading

November 10, 2016 · 14 Comments

Paul O’Connell and Nimer Sultany: Miller and the Politics of the Judiciary

One of the most striking things in immediate reactions to the High Court judgment in Miller is that so many commentators are willing to acquiesce in the crucially important assertion … Continue reading

November 10, 2016 · 11 Comments

Joe Tomlinson, Jake Rylatt and Duncan Fairgrieve: And Then There Were Eleven: Some Context on the Supreme Court Sitting En Banc in the Article 50 Case

Santos and M v Secretary of State for Exiting The European Union, the “Brexit” case regarding the interpretation of Article 50 Treaty on European Union, is widely expected to reach … Continue reading

November 9, 2016 · 8 Comments