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

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

Philip Allott: The Short Title of the European Union (Notification of Withdrawal) Bill Is Incorrect

The Short Title of the European Union (Notification of Withdrawal) Bill is incorrect. The notification is not of withdrawal from the EU. As the Long Title and Clause 1(1) of … Continue reading

January 30, 2017 · 16 Comments

Pavlos Eleftheriadis: The Systematic Constitution

The Supreme Court judgment in Gina Miller is not merely an affirmation of what the High Court said. The eight member majority confirmed the earlier decision, but also took the … Continue reading

January 30, 2017 · 4 Comments

Hasan Dindjer: Sources of Law and Fundamental Constitutional Change

The majority’s reasoning in Miller may appear to turn on the proposition that the European Communities Act 1972 (‘ECA’) introduced a new source of law in the UK ([60]-[66]). The … Continue reading

January 27, 2017 · 4 Comments

David Howarth: The Government’s Fatal Concession in Miller

After days of oral argument, lorry-loads of authorities and a 96 page judgment, one question still bothers me. Why did the government concede (see the Supreme Court’s judgment at [74]) … Continue reading

January 27, 2017 · 8 Comments

Robert Craig: Miller Supreme Court Case Summary

R (on the application of Miller and Dos Santos) (Respondents) v Secretary of State for Exiting the European Union (Appellant) Reference by the Attorney General for Northern Ireland – In … Continue reading

January 26, 2017 · 7 Comments