UK Constitutional Law Association

affiliated to the International Association of Constitutional Law

Davor Jancic: A Very Parliamentary Brexit: Satire in Two Acts

Brexit is a very parliamentary affair. The reason is that both the UK Parliament, the European Parliament and, in all likelihood, each of the parliaments of the EU Member States … Continue reading

February 23, 2017 · Leave a comment

Mikolaj Barczentewicz: The Principle of Legality and the EU-withdrawal Statute

Legal criticism of the EU (Notification of Withdrawal) Bill is quickly amassing. Notably, Paul Daly suggested that general phrasing of an authorisation to notify the UK’s intention to withdraw from … Continue reading

February 21, 2017 · 2 Comments

David Scott: Miller, Sewel, and the Human Rights Act

Many celebrated Miller’s outcome, imposing a Parliamentary “brake” (however brief) on the triggering of Article 50. But the Supreme Court’s unanimous agreement on the devolution issues [129–151 for the majority; … Continue reading

February 8, 2017 · 1 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

Eugenio Velasco and Conor Crummey: The Reading of Section 28(8) of the Scotland Act 1998 as a Political Convention in Miller

The holding of the majority in Miller that section 28(8) of the Scotland Act 1998, which  echoes the wording of the Sewel Convention, creates no legal obligation on the UK … Continue reading

February 3, 2017 · 3 Comments

Philip Allott: Taking Stock of the Legal Fallout from the EU (Notification of Withdrawal) Act 2017

Some of the accumulated noxious legal dust will now settle with the enacting of the grossly mistitled EU (Notification of Withdrawal) Act 2017. We may have witnessed our first post-legal … Continue reading

February 2, 2017 · 11 Comments

Oliver Garner: Conditional Primacy of EU Law: The United Kingdom Supreme Court’s Own “Solange (so long as)” Doctrine?

In circumstances of “normal” membership of the European Union, the UK Supreme Court’s dicta in the Miller judgment that EU law is an “independent and overriding source of domestic law” … Continue reading

January 31, 2017 · 6 Comments