UK Constitutional Law Association

affiliated to the International Association of Constitutional Law

Francis Young: “Packing” the Lords: Some Legal Reflections

The recent string of Government defeats in the House of Lords over amendments to the European Union (Withdrawal) Bill has reignited the debate over the role of the Lords in … Continue reading

May 16, 2018 · 18 Comments

Robert Craig: Zombie Prerogatives Should Remain Decently Buried: Replacing the Fixed-term Parliaments Act 2011 (Part 1)

Editors’ note: This is the first part of a two-part contribution. The second part will be posted tomorrow. Part 1: Would the prerogative be revived? I In the light of … Continue reading

May 24, 2017 · 8 Comments

Robert Craig: Miller Supreme Court Case Summary

R (on the application of Miller and Dos Santos) (Respondents) v Secretary of State for Exiting the European Union (Appellant) Reference by the Attorney General for Northern Ireland – In … Continue reading

January 26, 2017 · 10 Comments

Robert Craig: Report of Proceedings: Miller v Secretary of State for Exiting the European Union, Supreme Court, Day 3

Introduction This post aims to summarise the highlights of the Supreme Court (SC) hearing on Day 3 (7 December 2016) of the hearings in the Miller v Secretary of State … Continue reading

December 12, 2016 · 7 Comments

Robert Craig: Report of Proceedings: Miller v Secretary of State for Exiting the European Union, Supreme Court, Day 2

Introduction This post aims to summarise the highlights of the Supreme Court hearing on 6 December 2016. As mentioned yesterday, as with the reports on the High Court, this report … Continue reading

December 7, 2016 · 4 Comments

Robert Craig: Report of Proceedings: Miller v Secretary of State for Exiting the European Union, Supreme Court, Day 1

Introduction This post aims to summarise the highlights of the Supreme Court hearing on 5 December 2016. Unlike the reports on the High Court, this report will not be comprehensive. … Continue reading

December 6, 2016 · 7 Comments

Thomas Poole: Losing our Religion? Public Law and Brexit

Prerogative is the enemy of the people. This has been settled as matter of law for a very long time. The constitutional settlement of 1688 made a decision for responsible … Continue reading

December 2, 2016 · 13 Comments

Gavin Phillipson: The Miller Case, Part 1: A Response to Some Criticisms

Introduction The resounding defeat for the Government in Miller v Secretary of State has already produced a huge amount of academic commentary. In my view the role of legal academics … Continue reading

November 25, 2016 · 25 Comments

Robert Craig: The Abeyance Principle and the Frustration Principle

Introduction I have argued on this blog and in the Modern Law Review (MLR) (forthcoming, November edition – copies available on request on the usual terms: r.j.craig@lse.ac.uk) that the power … Continue reading

November 16, 2016 · 16 Comments

Campbell McLachlan QC: The Foreign Affairs Treaty Prerogative and the Law of the Land

A central plank in the reasoning of the Divisional Court in R (Miller) v Secretary of State for Exiting the European Union [2016] EWHC 2768 at [96] is that ‘Absent … Continue reading

November 14, 2016 · 12 Comments

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