UK Constitutional Law Association

affiliated to the International Association of Constitutional Law

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

April 4, 2017 · Leave a comment

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

February 10, 2017 · Leave a comment

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

February 3, 2017 · 3 Comments

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

July 15, 2016 · 5 Comments

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

July 12, 2016 · 3 Comments

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

July 5, 2016 · 7 Comments

Eoin Carolan: Some Lessons from Ireland’s Marriage Referendum?

Almost six months after being popularly endorsed in a widely publicised referendum, Ireland’s first same-sex marriages took place on November 17th last. While the Thirty-fourth Amendment of the Constitution (Marriage … Continue reading

December 8, 2015 · Leave a comment