UK Constitutional Law Association

affiliated to the International Association of Constitutional Law

Kenneth Campbell: Constitutional Dogs That Barked and Dogs That Did Not: The Scottish Continuity Bill in the Supreme Court

Introductory Somewhat overshadowed by the Wightman saga, and the unscheduled Conservative leadership demarche, the UKSC decision in the UK Withdrawal from the European Union (Legal Continuity)(Scotland) Bill compatibility reference was … Continue reading

January 14, 2019 · 2 Comments

Hayley J. Hooper: Balancing Access to Justice and the Public Interest: Privacy International and Ouster Clauses in the Broader Constitutional Context

In November 2017, the Court of Appeal in R (Privacy International) v Investigatory Powers Tribunal unanimously held that a so-called “ouster clause” in respect of the of the Investigatory Powers … Continue reading

February 12, 2018 · 1 Comment

Ewan Smith and Alison Young: “That’s how it worked in 2014, and how it would have to work again”

On the 9th of March, writing for the BBC, Laura Kuenssberg, the political editor of the BBC said “it’s up to the Westminster government to permit another [Scottish] referendum.” Six … Continue reading

March 15, 2017 · 14 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 · 21 Comments

Ben Christman: An Unholy Resurrection in the Court of Session

Relaxed standing tests for judicial review are critical to maintain the rule of law. Too restrictive, and the executive may act unlawfully – safe in the knowledge that judicial oversight … Continue reading

March 18, 2015 · Leave a comment

Se-shauna Wheatle: The Residual Powers of the Court

There has, justifiably, been much debate about the implications of the judgments of the Supreme Court of the United Kingdom in R (Jackson) v Attorney General [2005] UKHL 56, [2006] … Continue reading

July 10, 2012 · 3 Comments

Aileen McHarg: The Dog That Finally Barked: Constitutional Review under the Scotland Act

The reviewability of Acts of the Scottish Parliament (ASPs) at common law has, understandably, attracted considerable interest of late, on this blog and elsewhere.  However, the Supreme Court’s decision in … Continue reading

June 26, 2012 · Leave a comment

Mike Gordon: What is the Point of Exceptional Circumstances Review?

A great deal of the controversy surrounding the recent case of Axa General Insurance Ltd v Lord Advocate [2011] UKSC 46, already much discussed on this blog, stems from the … Continue reading

June 18, 2012 · 2 Comments

Tarun Khaitan: How to interpret Constitutional Statutes?

Most of us will be aware of the famous remarks of Lord Justice Laws in Thoburn v Sunderland City Council (2002) that constitutional statutes are immune from implied repeal, and … Continue reading

January 10, 2012 · 5 Comments

Gordon Anthony: Axa – A view from Northern Ireland

It is a little over 6 weeks since the Supreme Court delivered its long-awaited ruling in Axa General Insurance v Lord Advocate [2011] UKSC 46. Although the ruling was of … Continue reading

November 28, 2011 · 1 Comment

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