UK Constitutional Law Association

affiliated to the International Association of Constitutional Law

Dennis Dixon: Wightman and the General Interpretation of Article 50

The recent CJEU decision of Wightman v Secretary of State for Exiting the European Union [2018] 3 WLR 1965 interpreted Article 50 of the Treaty on European Union as giving … Continue reading

January 7, 2019 · 2 Comments

Aris Georgopoulos: Revoking Article 50 TEU (C-621/18 Wightman and others): “Iphigenia Must Reach the Altar”

The CJEU’s ruling in C-621/18 Wightman and others clarifying that Member States can unilaterally revoke the withdrawal notification of Article 50 (2) TEU, is bound to have repercussions; in the … Continue reading

December 17, 2018 · 7 Comments

Kenneth Armstrong: The Advent of Brexit – Can It Be Paused?

As each day passes, a new window seems to be thrown open exposing fresh legal issues to be solved as the UK continues its journey towards its withdrawal from the … Continue reading

December 12, 2018 · 4 Comments

Gavin Phillipson and Alison L. Young: Wightman: What Would Be the UK’s Constitutional Requirements to Revoke Article 50?

Today the Court of Justice of the European Union delivered its judgment in Wightman. This followed the opinion of Advocate General Campos Sánchez-Bordona, concluding that the UK may unilaterally revoke … Continue reading

December 10, 2018 · 28 Comments

Robert Brett Taylor and Adelyn L. M. Wilson: Seeking and Implementing a Referral on Revocability of Article 50 Following Wightman

The UK is due to leave the EU on 29 March 2019. The British Government’s draft withdrawal agreement – the so-called Chequers Deal or Plan – has been subject to … Continue reading

September 26, 2018 · 4 Comments

James Segan: The European Union (Withdrawal) Act 2018: Ten Key Implications for UK Law and Lawyers

On 26 June 2018, after nearly a year of deliberation by Parliament, the European Union (Withdrawal) Act 2018 (the “Act”) received royal assent. It is a statute of profound importance … Continue reading

July 26, 2018 · 7 Comments

Solon Solomon: The Chequers Agreement: Brexit and the Infeasibility of Judicial and Legal Independence

The Chequers agreement reshapes the UK Brexit position. By formally throwing its lot behind a soft Brexit, Theresa May’s government has made a point. It is unclear how this stance … Continue reading

July 12, 2018 · 6 Comments

Kenneth Campbell QC: Wightman v Secretary of State: Article 50 and Parliamentary Privilege

Introductory Litigation about Brexit continues to throw light on constitutional principles, both new and well-established. In the case of Wightman & others, petitioners [2018] CSOH 61, advised on 8 June … Continue reading

June 22, 2018 · 6 Comments

Alison Young: Status of EU Law Post Brexit: Part Two

In an earlier blog post, I argued that whilst the Government’s amendments provided some clarity as to the status of retained EU law post Brexit, they failed to provide a … Continue reading

May 4, 2018 · 2 Comments

Alexander Horne: Dispute Resolution and Enforcement after Brexit

The House of Lords European Union Justice-Sub Committee (‘the Committee’) today published its report Dispute resolution and enforcement after Brexit (15th Report of Session 2017-19: HL Paper 130) (PDF). The … Continue reading

May 3, 2018 · Leave a comment

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