UK Constitutional Law Association

affiliated to the International Association of Constitutional Law

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

Denis Edwards: Miller, Law and Revisionism

It is clear from the majority judgment in Miller, and also from several blog comments since, that the judgment’s linchpin is that the 1972 Act “provided that [EU] rights, duties … Continue reading

February 9, 2017 · 5 Comments

Pavlos Eleftheriadis: The Systematic Constitution

The Supreme Court judgment in Gina Miller is not merely an affirmation of what the High Court said. The eight member majority confirmed the earlier decision, but also took the … Continue reading

January 30, 2017 · 4 Comments

Patrick O’Brien: All for Want of a Metaphor: Miller and the Nature of EU Law

The judgments in Miller highlight the fact that the common law has never managed to arrive at a satisfactory intellectual framework for European law. I will focus first on Lord Reed’s dissent. … Continue reading

January 30, 2017 · 9 Comments

Hasan Dindjer: Sources of Law and Fundamental Constitutional Change

The majority’s reasoning in Miller may appear to turn on the proposition that the European Communities Act 1972 (‘ECA’) introduced a new source of law in the UK ([60]-[66]). The … Continue reading

January 27, 2017 · 4 Comments

David Howarth: The Government’s Fatal Concession in Miller

After days of oral argument, lorry-loads of authorities and a 96 page judgment, one question still bothers me. Why did the government concede (see the Supreme Court’s judgment at [74]) … Continue reading

January 27, 2017 · 8 Comments

Timothy Endicott: A Treaty of Paramount Importance

Cross-posted with the Judicial Power Project. The reasoning of the majority of the UK Supreme Court in Miller‘s case is undermined by Lord Reed’s rather beautiful explanation of the European Communities … Continue reading

January 26, 2017 · 11 Comments