UK Constitutional Law Association

affiliated to the International Association of Constitutional Law

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

Ronan McCrea: Arguing that Article 50 Notification Is Reversible Involves Risks for the Government

Well-placed sources have reported to the Guardian that the Government’s lawyers will argue before the Supreme Court that notice triggering Article 50 can be revoked if the UK changes its … Continue reading

November 15, 2016 · 7 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

Sam Fowles: In Defence of Europe

Professor Nicol’s critique of Another Europe is Possible and DiEM 2025 is undoubtedly engaging. But it confuses constitutional law with policy enacted through the law and can only be justified … Continue reading

March 9, 2016 · 11 Comments

Sionaidh Douglas-Scott: Constitutional Implications of a UK Exit from the EU: Some Questions That Really Must Be Asked

The issue of a UK withdrawal from the EU is highly topical at present, and several aspects of a UK exit – such as its impact on the devolved nations, … Continue reading

April 17, 2015 · 13 Comments

Dorota Leczykiewicz: Melloni and the future of constitutional conflict in the EU

Constitutional conflict is a leitmotif of the relationship between EU law and national law. Courts of EU Member States are under a dual obligation of loyalty. On the one hand, … Continue reading

May 22, 2013 · 6 Comments