UK Constitutional Law Association

affiliated to the International Association of Constitutional Law

Michael-James Clifton: Parliament’s Role in Withdrawing from the EEA, and Difficulties in Ratifying the EEA EFTA Separation Agreement

Introduction The importance and role of the European Economic Area (EEA) Agreement has often been overlooked. Yet, as the UK exits the European Union, the question of the UK’s desired … Continue reading

February 21, 2019 · Leave a comment

Jack Simson Caird and Ellis Paterson: Could the UK Courts Disapply Domestic Legislation to Enforce the Protocol on Ireland and Northern Ireland?

If the Withdrawal Agreement is approved, then Parliament will be asked to legislate to give domestic legal effect to its content through the EU (Withdrawal Agreement) Bill. One of the … Continue reading

February 19, 2019 · 1 Comment

Elizabeth Adams: Prisoners’ Voting Rights: Case Closed?

On 6 December 2018, the Committee of Ministers of the Council of Europe closed the supervision of the prisoners’ voting rights cases against the United Kingdom (UK) and adopted final … Continue reading

January 30, 2019 · 1 Comment

Stephen Laws: Why a Money Resolution with Queen’s Recommendation Is Required for a Bill for the Postponing or Cancelling of “Exit Day”

In a post on this blog yesterday, Andrew Denny argued that I was wrong to suggest that a money resolution, with Crown recommendation, would be needed under the Standing Orders … Continue reading

January 29, 2019 · Leave a comment

Andrew Denny: Would a Bill Seeking an Article 50 Extension Require a Money Resolution Proposed by the Government?

Introduction The on-going constitutional laboratory experiment that is Brexit has now turned to the question of whether a bill proposed by a backbench MP can be passed into law against … Continue reading

January 28, 2019 · 5 Comments

Robert Craig: Could the Government Advise the Queen to Refuse Royal Assent to a Backbench Bill?

Introduction As is well known, the Government’s Withdrawal Agreement was voted down in Parliament last week by 230 votes in a ‘meaningful vote’ mandated under s 13(1) of European Withdrawal … Continue reading

January 22, 2019 · 26 Comments

Robert Craig: Can the Government Use the Royal Prerogative to Extend Article 50?

Introduction The possibility of extending the Article 50 process is being discussed in media outlets and social media. There are a number of potential scenarios where a short extension might … Continue reading

January 9, 2019 · 6 Comments