UK Constitutional Law Association

affiliated to the International Association of Constitutional Law

Mark Bennett: The Ever-Expanding ‘Emergency’ Exception: Syria, the War Powers Convention, and the Bypassing of Prior Parliamentary Debate

Introduction In a recent post on this blog, Veronika Fikfak and Hayley Hooper outlined the implications of the UK’s military intervention in Syria, on 13 April 2018, vis-à-vis the so-called … Continue reading

April 25, 2018 · 1 Comment

Veronika Fikfak and Hayley J. Hooper: Whither the War Powers Convention? What Next for Parliamentary Control of Armed Conflict after Syria?

A. Introduction and Background On Friday 13 April 2018 the Royal Air Force participated in air strikes (together with the United States and France) to degrade the Syrian regime’s chemical … Continue reading

April 20, 2018 · 4 Comments

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

June 6, 2017 · 1 Comment

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 · 1 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