Timothy Endicott: ‘This Ancient, Secretive Royal Prerogative’
That was Gina Miller’s evocative phrase for the power of the Crown when she was interviewed on Radio 4 before the hearing in her case, R (on the application of … Continue reading
John Adenitire: Exiting the EU Constitutionally
In Miller v Secretary of State [2016], the High Court held that the Government cannot use its prerogative power to initiate the withdrawal of the UK from the EU. In … Continue reading
Colm O’Cinneide: Why Parliamentary Approval for the Triggering of Article 50 TEU Should Be Required as a Matter of Constitutional Principle
The argument that Article 50 of the Treaty on European Union (TEU) cannot be lawfully triggered without the consent of Parliament has generated plenty of excited discussion over the last … Continue reading
Colin Harvey: Reconstructing the ‘Political Constitution’ of Northern Ireland
For reasons that are not difficult to grasp, the constitutional process in Northern Ireland has been marked by fragility and instability. The entity ‘Northern Ireland’ – carved out in the … Continue reading
Stuart Lakin: What Role Should Judges Play in the Constitution Justice Sumption?
In his recent F.A. Mann lecture Jonathan Sumption Q.C., the newly appointed member of the Supreme Court, took up the question of the proper role of judges vis-a-vis the political … Continue reading
Gavin Phillipson: Constitutional Principles and the Human Rights Act: Moving Beyond One-Way Street Approaches
I’ve been thinking recently about the relationship of the Human Rights Act with the existing principles of the UK constitution – themselves not always easy to pin down or agree … Continue reading
