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

Kyle Murray: Putting Parliament in Its Place: The Pro-Brexit, Democratic Case for a Second Brexit Referendum

I am a Brexiteer. I am also a democrat (indeed for me the two are very much connected). In this post, I argue that despite mainstream protests to the contrary, … Continue reading

July 26, 2019 · 7 Comments

Robert Craig: Judicial Review of Advice to Prorogue Parliament

In a recent Times article, Lord Pannick QC – leading Counsel in the Miller litigation – argues that if a Prime Minister were to advise HMQ to prorogue parliament to … Continue reading

July 12, 2019 · 39 Comments

Yossi Nehushtan: The Unreasonable Perception of Rationality and Reasonableness in UK Public Law

In the recent case of R (Campaign Against Arms Trade) v Secretary of State for International Trade [2019] (hereinafter CAAT), the Court of Appeal invalidated the UK government’s decision to grant … Continue reading

July 1, 2019 · 4 Comments

Marcelo Rodriguez Ferrere and Andrew Geddis: The New Zealand Court of Appeal on Extradition to the PRC

The recent massive street demonstrations against a proposal to enable extradition of some criminal suspects from Hong Kong to mainland China (as well as Taiwan and Macau) have focused global … Continue reading

June 24, 2019 · 1 Comment

Sam Fowles: Can the Prime Minister Prorogue Parliament to Deliver a No Deal Brexit?

  In recent days certain government backbenchers have proposed a new avenue to deliver a “no deal” Brexit. As Sir Edward Leigh put it:   “There are only two choices … Continue reading

June 10, 2019 · 22 Comments

Mark Elliott and Stephen Tierney: The House of Lords Constitution Committee Reports on Parliamentary Scrutiny of Treaties

The topic of parliamentary scrutiny of the making of treaties could hardly be more topical, given the role that Parliament is currently playing in relation to the Withdrawal Agreement that … Continue reading

May 3, 2019 · 2 Comments

Stephanie Reynolds: Brexit and the (Not Quite) Constitutionalised Status of EU Citizenship

Since its formal introduction in the Maastricht Treaty, EU citizenship has laid claim to a constitutional status. The Union Treaties – long described by the Court of Justice as the … Continue reading

April 24, 2019 · Leave a comment

Alison Young: Taking (Back) Control?

In his insightful post, David Howarth set out a conflict between two visions of democracy: Westminster and Whitehall. The Westminster vision favours Parliament (particularly the House of Commons), drawing on … Continue reading

April 23, 2019 · 3 Comments

Joseph Crampin: Precedent for Delaying Royal Assent: A Response to Professor Finnis

The ‘Cooper-Letwin Act’ (European Union Withdrawal (No 5) Act 2019) may yet come to be known as the constitutional crisis that wasn’t. But, the advocacy by some of the Government’s … Continue reading

April 17, 2019 · 1 Comment

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