UK Constitutional Law Association

affiliated to the International Association of Constitutional Law

Joseph Crampin: Precedent for Delaying Royal Assent: A Response to Professor Finnis

The ‘Cooper-Letwin Act’ (European Union Withdrawal (No 5) Act 2019) may yet come to be known as the constitutional crisis that wasn’t. But, the advocacy by some of the Government’s … Continue reading

April 17, 2019 · 1 Comment

Menelaos Markakis: A Trojan Horse in the EU? The Curious Case of the EU27+1

The EU27 have agreed to grant the extension requested by the Prime Minister, the terms of which need not be repeated here. Suffice it to say for present purposes that … Continue reading

April 12, 2019 · 2 Comments

David Howarth: Westminster versus Whitehall: Two Incompatible Views of the Constitution

Lawyers like to make as much sense as possible of the material in front of them, transforming it, if they can, from a jumble of decisions and remarks into a … Continue reading

April 10, 2019 · 5 Comments

David Vitale: Leaving the EU: A Matter of “Trust”?

Since the referendum in 2016, the Government has repeatedly justified its decisions on Brexit by invoking the concept of public trust. In December last year, the Prime Minister rejected the … Continue reading

April 9, 2019 · 6 Comments

John Finnis: Royal Assent – A Reply to Mark Elliott

I agree with Mark Elliott in finding my April 1 argument about prorogation and assent astonishing and monstrous, once the argument’s important premises have been omitted, as he has omitted … Continue reading

April 8, 2019 · 15 Comments

Jeff King: Can Royal Assent to a Bill Be Withheld If So Advised by Ministers?

An article in the Sunday Times by Professor Richard Ekins and Sir Stephen Laws QC advised that the Monarch could withhold Royal Assent to a bill passed if advised to … Continue reading

April 5, 2019 · 10 Comments

Ewan McGaughey: What Is Needed in Our Constitution to Revoke Article 50?

Professors Gavin Phillipson and Alison Young have argued on this blog that an Act of Parliament is needed to revoke article 50. An alternative view is that, while an Act … Continue reading

April 2, 2019 · 1 Comment

Richard Lang: Consequences of the Extension Deal: A Reply to Professor Allott

I would like to thank Professor Allott for his fascinating post, ‘Unexpected Denouement’. The UK Remains in the EU by Mistake. The Brexit Saga Could Run and Run’ from Tuesday.  … Continue reading

March 29, 2019 · 4 Comments

Philip Allott: Unexpected Denouement. The UK Remains in the EU by Mistake. The Brexit Saga Could Run and Run

The two-year time-limit in Article 50 of the Treaty on European Union has come and gone.  It is now possible that no withdrawal agreement between the European Council and the … Continue reading

March 26, 2019 · 12 Comments

Alexandra Sinclair and Joe Tomlinson: Brexit, Primary Legislation, and Statutory Instruments: Everything in Its Right Place?

Legislation to enable Brexit is progressing through Parliament. This includes the Immigration and Social Security Bill, the Fisheries Bill, the Financial Services (Implementation of Legislation) Bill, and the Healthcare (International … Continue reading

March 25, 2019 · 3 Comments

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