UK Constitutional Law Association

affiliated to the International Association of Constitutional Law

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 · 21 Comments

Francesco de Cecco: Miller, Article 50 Revocability and the Question of Control

The parties in the High Court judgement in Miller took it as a given that the notification made under Article 50 TEU is irrevocable. That view jars with the opinions … Continue reading

November 17, 2016 · 7 Comments

Aris Georgopoulos: (Un)Crossing the Rubicon: Why the Supreme Court Should Not Refer a Question Regarding the Revocability of Article 50 to the ECJ

On 3 November the High Court issued its long awaited judgement in R (Miller) v Secretary of State for Exiting the European Union  which ruled that the Government does not … Continue reading

November 17, 2016 · 3 Comments

Ronan McCrea: Arguing that Article 50 Notification Is Reversible Involves Risks for the Government

Well-placed sources have reported to the Guardian that the Government’s lawyers will argue before the Supreme Court that notice triggering Article 50 can be revoked if the UK changes its … Continue reading

November 15, 2016 · 7 Comments

Sir Jeffrey Jowell QC and Naina Patel: Miller Is Right

Even those of us who question the notion of absolute parliamentary sovereignty (eg. whether it should trump the rule of law in extreme situations such as the abolition of judicial … Continue reading

November 15, 2016 · 14 Comments

Sionaidh Douglas-Scott: Miller: Why the Government Should Still Lose in the Supreme Court (Even with New Arguments)

In the landmark legal decision in Miller v Secretary of State for Exiting the EU, the High Court ruled that the government cannot use the royal prerogative to trigger Article … Continue reading

November 15, 2016 · 100 Comments