UK Constitutional Law Association

affiliated to the International Association of Constitutional Law

Thomas Poole: Losing our Religion? Public Law and Brexit

Prerogative is the enemy of the people. This has been settled as matter of law for a very long time. The constitutional settlement of 1688 made a decision for responsible … Continue reading

December 2, 2016 · 4 Comments

Simon Lee: Dicey Sentiments

Everybody in Miller loves Dicey, judging by the publication of counsel’s arguments ahead of next week’s Supreme Court hearing. But it was not always thus and simply quoting more and … Continue reading

November 29, 2016 · 1 Comment

Stijn Smismans: About the Revocability of Withdrawal: Why the EU (Law) Interpretation of Article 50 Matters

In the Miller case the High Court of England and Wales did not question the parties’ common understanding that withdrawal under Article 50 cannot be revoked once triggered. However, academic … Continue reading

November 29, 2016 · 12 Comments

Weekly round-up of events

This week’s event announcements include: ‘Exit from the European Union: Article 50, Parliament and the Prerogative in the UK Court’, University of Liverpool, 28 November 2016 ‘Criticism and Accountability in … Continue reading

November 25, 2016 · Leave a comment

Gavin Phillipson: The Miller Case, Part 1: A Response to Some Criticisms

Introduction The resounding defeat for the Government in Miller v Secretary of State has already produced a huge amount of academic commentary. In my view the role of legal academics … Continue reading

November 25, 2016 · 21 Comments

Jeff King and Nick Barber: In Defence of Miller

Miller v Secretary of State for Exiting the European Union has stimulated quite a bit of debate. Some criticism of the decision has been well-informed and thoughtful, whilst some of … Continue reading

November 22, 2016 · 16 Comments

Mikolaj Barczentewicz: Consequences of the High Court’s Reasoning in the Article 50 Judgment: EU Law-making Unlawful

Introduction In its judgment in Miller (the Article 50 litigation), the High Court had no doubts that it was defending constitutional orthodoxy. The issue at stake was that of the … Continue reading

November 18, 2016 · 24 Comments