UK Constitutional Law Association

affiliated to the International Association of Constitutional Law

Ewan Smith and Alison Young: “That’s how it worked in 2014, and how it would have to work again”

On the 9th of March, writing for the BBC, Laura Kuenssberg, the political editor of the BBC said “it’s up to the Westminster government to permit another [Scottish] referendum.” Six … Continue reading

March 15, 2017 · 6 Comments

Stephen Tierney: A Second Independence Referendum in Scotland: The Legal Issues

Scottish First Minister Nicola Sturgeon today announced the Scottish Government’s intention to hold a second referendum on independence between the autumn of 2018 and the spring of 2019. The move … Continue reading

March 13, 2017 · 13 Comments

Graham John Wheeler: Referendums That Time Forgot

It is well known that the first national referendum in the UK was the 1975 poll on EEC membership. It is also quite well known that A.V. Dicey called for … Continue reading

February 17, 2017 · 4 Comments

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

Asanga Welikala: The Need for a ‘Cartesian Cleaning of the Augean Stables’? Miller and the Territorial Constitution

It is clear that the UKSC’s observations on the meaning and effect of ss. 1 and 2 of the Scotland Act 2016 in Miller have deep consequences for both the … Continue reading

February 7, 2017 · 1 Comment

Paul Reid: Time to Give the Sewel Convention Some (Political) Bite?

Constitutional conventions are, the Supreme Court has confirmed, just that: conventions. The courts are “neither the parents nor the guardians” of such conventions; “merely observers” (para.146). The Sewel Convention “has … Continue reading

January 26, 2017 · 3 Comments

Robert Craig: Miller Supreme Court Case Summary

R (on the application of Miller and Dos Santos) (Respondents) v Secretary of State for Exiting the European Union (Appellant) Reference by the Attorney General for Northern Ireland – In … Continue reading

January 26, 2017 · 7 Comments