UK Constitutional Law Association

affiliated to the International Association of Constitutional Law

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 · 8 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

David Howarth: Westminster versus Whitehall: Two Incompatible Views of the Constitution

Lawyers like to make as much sense as possible of the material in front of them, transforming it, if they can, from a jumble of decisions and remarks into a … Continue reading

April 10, 2019 · 6 Comments

David Vitale: Leaving the EU: A Matter of “Trust”?

Since the referendum in 2016, the Government has repeatedly justified its decisions on Brexit by invoking the concept of public trust. In December last year, the Prime Minister rejected the … Continue reading

April 9, 2019 · 6 Comments

John Finnis: Royal Assent – A Reply to Mark Elliott

I agree with Mark Elliott in finding my April 1 argument about prorogation and assent astonishing and monstrous, once the argument’s important premises have been omitted, as he has omitted … Continue reading

April 8, 2019 · 15 Comments

Jeff King: Can Royal Assent to a Bill Be Withheld If So Advised by Ministers?

An article in the Sunday Times by Professor Richard Ekins and Sir Stephen Laws QC advised that the Monarch could withhold Royal Assent to a bill passed if advised to … Continue reading

April 5, 2019 · 10 Comments

Robert Craig: Executive Versus Legislature in the UK – A Response to Mark Elliott and Tom Poole

For constitutional lawyers, the Brexit Santa Claus has shimmied down the chimney once again. This post is a response to Mark Elliott who recently commented on an article by John … Continue reading

April 5, 2019 · 12 Comments

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