UK Constitutional Law Association

affiliated to the International Association of Constitutional Law

Mark Elliott and Stephen Tierney: House of Lords Constitution Committee Reports on Delegated Powers

The House of Lords Constitution Committee has today published a major report on delegated powers. It is a component of a larger, four-part inquiry that the Committee is undertaking into … Continue reading

November 20, 2018 · 4 Comments

Stephen Tierney: The Legislative Supremacy of Government

At the same time as Parliament prepares to ‘take back control’ from Brussels, the executive is in fact accruing to itself further control over the legislative process. In this post … Continue reading

July 3, 2018 · 3 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

Paul Craig: European Union (Withdrawal) Bill: Legal Status and Effect of Retained Law

In an earlier posting I intimated that the initial divide between EU measures that should be regarded as primary legislation post-Brexit and those that should be regarded as secondary measures … Continue reading

March 8, 2018 · 3 Comments

Paul Craig: The Withdrawal Bill, Status and Supremacy

The House of Lords Constitution Committee’s Report on the European Union (Withdrawal) Bill, HL Paper 69, is a valuable document, with many important insights and recommendations for improvements to the … Continue reading

February 19, 2018 · 9 Comments

Michael Ford and Phil Syrpis: Retained EU law in the EU (Withdrawal) Bill: A Reaction to the House of Lords Constitution Committee Report

On 29 January the House of Lords Constitution Committee delivered a withering assessment of the EU (Withdrawal) Bill, describing it as ‘fundamentally flawed from a constitutional perspective in multiple ways’. … Continue reading

February 14, 2018 · 1 Comment

Robert Craig: Why Remedial Orders Altering Post-HRA Acts of Parliament Are Ultra Vires

On 29 November 2017, the long awaited draft of the remedial order seeking to amend s 54 of the Human Fertilisation and Embryology Act 2008 (‘HFEA’) was published. It followed … Continue reading

December 21, 2017 · 1 Comment

Gordon Downie: Brexit: What to Make of Directives?

The European Union (Withdrawal) Bill seems to make no clear provision for EU Directives to play a role in the UK domestic legal scene following Brexit. The UK Government ought … Continue reading

September 8, 2017 · 4 Comments

Mark Elliott and Stephen Tierney: House of Lords Constitution Committee Issues Interim Report on the EU (Withdrawal) Bill

In an interim report on the European Union (Withdrawal) Bill, the House of Lords Constitution Committee has said that the “political, legal and constitutional significance of the Bill is unparalleled”. … Continue reading

September 7, 2017 · 4 Comments

Kenneth Campbell QC: Henry VIII Comes to Scotland, Wales and Northern Ireland, and Other Devolution Questions in the EU (Withdrawal) Bill

Introductory As the ‘Great Repeal Bill’ of rhetoric becomes the European Union (Withdrawal) Bill of reality, the scale of the task facing Parliament – predicted by academic and practitioner commentators … Continue reading

July 20, 2017 · 4 Comments

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