UK Constitutional Law Association

affiliated to the International Association of Constitutional Law

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

Jeff King and Nick Barber: In Defence of Miller

Miller v Secretary of State for Exiting the European Union has stimulated quite a bit of debate. Some criticism of the decision has been well-informed and thoughtful, whilst some of … Continue reading

November 22, 2016 · 21 Comments

Ewan Smith: Treaty Rights in Miller and Dos Santos v. Secretary of State for Leaving the European Union

Miller & Dos Santos v. Secretary of State for Leaving the European Union [2016] EWHC 2768 (Admin) is a conservative judgment which includes some broad statements of principle. To understand … Continue reading

November 16, 2016 · 10 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: that the power … Continue reading

November 16, 2016 · 16 Comments

Sionaidh Douglas-Scott: Miller: Why the Government Should Still Lose in the Supreme Court (Even with New Arguments)

In the landmark legal decision in Miller v Secretary of State for Exiting the EU, the High Court ruled that the government cannot use the royal prerogative to trigger Article … Continue reading

November 15, 2016 · 100 Comments

Kieron Beal QC: The Taxing Issues arising in Miller

There have been a number of critical blogs on this website questioning the legal reasoning deployed by the Divisional Court in R (Miller and others) v. Secretary of State for … Continue reading

November 14, 2016 · 17 Comments

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

November 11, 2016 · 23 Comments

Mark Elliott and Hayley J. Hooper: Critical reflections on the High Court’s judgment in R (Miller) v Secretary of State for Exiting the European Union

The judgment of the High Court in R (Miller) v Secretary of State for Exiting the European Union [2016] EWHC 2768 (Admin), decided on 3 November 2016, has been subjected to … Continue reading

November 7, 2016 · 70 Comments

John Finnis: Terminating Treaty-based UK Rights: A Supplementary Note

Editors’ note: This is cross-posted from the Judicial Power Project website and forms the body of a short paper published today by the Project. In a Judicial Power Project paper … Continue reading

November 2, 2016 · 20 Comments

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