Colin Harvey and Daniel Holder: The Great Repeal Bill and the Good Friday Agreement – Cementing a Stalemate or Constitutional Collision Course?
Introduction – a perfect storm? As predicted, Brexit is proving to be profoundly destabilising for the peace process and the constitutional politics of Northern Ireland. An outcome that lacks the … Continue reading
Lea Raible and Leah Trueblood: The Swiss System of Referendums and the Impossibility of Direct Democracy
The referendums in the United Kingdom of 2011, 2014, and 2016 have sparked a debate about the merits of direct democracy. In this debate references to the system of referendums … Continue reading
Joe Atkinson: Parliamentary Intent and the Sewel Convention as a Legislatively Entrenched Political Convention
One interesting finding in Miller is that it appears to recognise the Sewel Convention as a new form of constitutional convention; one that is legislatively entrenched but remains a convention … Continue reading
Eugenio Velasco and Conor Crummey: The Reading of Section 28(8) of the Scotland Act 1998 as a Political Convention in Miller
The holding of the majority in Miller that section 28(8) of the Scotland Act 1998, which echoes the wording of the Sewel Convention, creates no legal obligation on the UK … Continue reading
Robert Brett Taylor: Constitutional Conventions, Article 50 and Brexit
Following the result of the referendum on British membership of the European Union, constitutional commentators have been embroiled in a discussion over the legal basis on which withdrawal from the … Continue reading
Sébastien Grammond: Canadian Constitutional Jurisprudence and the Brexit Process
Canadian constitutional jurisprudence might, perhaps unexpectedly, shed some light on the process set in motion by the referendum regarding the United Kingdom’s exit from the European Union, a leading feature … Continue reading
Leah Trueblood: Referendums, Compromise, and Ratification
Resolving any political question requires compromise. This is as true for constitutional questions as it is for questions of policy. This can be seen now in the European Union’s reminders … Continue reading
