UK Constitutional Law Association

affiliated to the International Association of Constitutional Law

Liora Lazarus: Do Human Rights Impede Effective Counterterrorism?

Theresa May and Keir Starmer disagree about whether human rights impede effective counterterrorism.  Both bring experience at the coalface of this field, May as former Home Secretary, and Starmer as … Continue reading

June 15, 2017 · 1 Comment

Thomas Horsley: UK Courts and the Great Repeal Bill – Awaiting Fresh Instruction

The UK Government’s announcement that it intends to repeal the European Communities Act 1972 (ECA) through the Great Repeal Bill raises the prospect of far-reaching changes to the institutional role … Continue reading

February 28, 2017 · 2 Comments

Philip Allott: Taking Stock of the Legal Fallout from the EU (Notification of Withdrawal) Act 2017

Some of the accumulated noxious legal dust will now settle with the enacting of the grossly mistitled EU (Notification of Withdrawal) Act 2017. We may have witnessed our first post-legal … Continue reading

February 2, 2017 · 11 Comments

Thomas Raine: The CJEU and Data Retention: A Critical Take on the Watson Case

In Joined Cases C-203/15 and C-698/15 Secretary of State for the Home Department v Watson, the Court of Justice of the European Union (CJEU) provided further details about the requirements … Continue reading

January 16, 2017 · Leave a comment

Stijn Smismans: About the Revocability of Withdrawal: Why the EU (Law) Interpretation of Article 50 Matters

In the Miller case the High Court of England and Wales did not question the parties’ common understanding that withdrawal under Article 50 cannot be revoked once triggered. However, academic … Continue reading

November 29, 2016 · 21 Comments

Aris Georgopoulos: (Un)Crossing the Rubicon: Why the Supreme Court Should Not Refer a Question Regarding the Revocability of Article 50 to the ECJ

On 3 November the High Court issued its long awaited judgement in R (Miller) v Secretary of State for Exiting the European Union  which ruled that the Government does not … Continue reading

November 17, 2016 · 3 Comments

Mikolaj Barczentewicz: The Supreme Court Should Not Refer to the EU Court of Justice on Article 50

One of the most discussed aspects of the forthcoming appeal in the Article 50 litigation is the issue whether the Supreme Court should make a reference to the Court of … Continue reading

November 11, 2016 · 24 Comments