UK Constitutional Law Association

affiliated to the International Association of Constitutional Law

Asif Hameed: Proroguing Parliament

Editors’ note: The blog is now on holiday for the month of August. The editors will be pleased to receive new submissions from Monday, 2 September. Introduction The Government and … Continue reading

August 1, 2019 · Leave a comment

Kasey McCall-Smith: The Realities of Being Global: Treaty Law and Brexit

Throughout the two years of Brexit debates following Article 50 notification, the UK Government and Parliament consistently have failed to recognise that even if EU law is no longer applicable … Continue reading

March 20, 2019 · 2 Comments

Sean Molloy: A Note on: In the Matter of an Application by Geraldine Finucane for Judicial Review (Northern Ireland)

This post summarises and offers a brief analysis of the ruling on Geraldine Finucane’s application before the United Kingdom Supreme Court (UKSCt). The application concerned the British government’s decision not … Continue reading

March 6, 2019 · 1 Comment

Jack Simson Caird and Ellis Paterson: Could the UK Courts Disapply Domestic Legislation to Enforce the Protocol on Ireland and Northern Ireland?

If the Withdrawal Agreement is approved, then Parliament will be asked to legislate to give domestic legal effect to its content through the EU (Withdrawal Agreement) Bill. One of the … Continue reading

February 19, 2019 · 4 Comments

Anne Smith and Colin Harvey: Where Next for a Bill of Rights for Northern Ireland?

On the 10 December 2018 we launched the findings of our research project funded by Joseph Rowntree Charitable Trust (JRCT) about the next steps for a Northern Ireland Bill of … Continue reading

February 6, 2019 · Leave a comment

Ciaran White: Northern Ireland Workers’ Rights and the Draft Withdrawal Agreement: The Quasi-Constitutional Entrenchment of EU-derived Labour Law Rights

Northern Ireland employment law is a devolved issue and its statute book has always been largely distinct and separate from that applicable in GB. This always had the potential to … Continue reading

November 19, 2018 · 2 Comments

Yossi Nehushtan and Stella Coyle: Ashers Baking (Part 2): Do Homophobes and Racists have a Right Not to Manifest Liberal Messages?

At the heart of the recent Supreme Court’s decision in Ashers Baking lies the ruling that nobody should be forced to express a view in which they do not believe. … Continue reading

November 6, 2018 · 6 Comments

Yossi Nehushtan and Stella Coyle: Ashers Baking (Part 1): The Supreme Court’s Betrayal of Liberalism and Equality

Much has already been written about the recent Supreme Court judgment in Ashers Baking, but the debate has so far omitted an important argument: that the Court has, once again, … Continue reading

November 5, 2018 · 5 Comments

Stephen Tierney: Governing Northern Ireland without an Executive: Quick Fix or Constitutional Minefield?

The Northern Ireland (Executive Formation and Exercise of Functions) Bill, which arrives in the House of Lords today, is set to be enacted by way of fast-track legislative procedure this … Continue reading

October 30, 2018 · 2 Comments

Joanna Bell: The Supreme Court’s Approach to the Finality Clause in Lee v Ashers: A Response to Anurag Deb & Conor McCormick & Looking Forward to Privacy International

Lee v Ashers Baking Company Ltd [2018] UKSC 49 (‘gay cake’ case) has probably not escaped the attention of any public lawyer. As Anurag Deb & Conor McCormick have usefully … Continue reading

October 23, 2018 · 1 Comment

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