UK Constitutional Law Association

affiliated to the International Association of Constitutional Law

Merris Amos: Red Herrings and Reductions: Human Rights and the EU (Withdrawal) Bill

Introduction When Parliament resumes next week, the EU (Withdrawal) Bill will be entering its Committee stage in the House of Commons. Whilst a variety of issues were raised during the … Continue reading

October 4, 2017 · 3 Comments

Tarun Khaitan: A Constitution Protection Clause for the Great Repeal Bill?

Scope: Extensive provisions for Henry VIII powers in the European Union (Withdrawal) Bill 2017 (hereinafter, the “Repeal Bill”) have become predictably controversial. These powers are mainly found in clauses 7 … Continue reading

July 19, 2017 · 1 Comment

Mark Elliott and Stephen Tierney: The ‘Great Repeal Bill’ and Delegated Powers

A good deal of the legal and constitutional interest generated by Brexit has so far, perhaps unsurprisingly, focussed upon the very beginning of the withdrawal process. Initially, all eyes were … Continue reading

March 7, 2017 · 6 Comments

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 · 3 Comments

Alex Peplow: Withdrawal from the ECHR after Miller – A Matter of Prerogative?

Does the decision of the Supreme Court in the case of R (on the application of Miller) v Secretary of State for Exiting the European Union [2017] UKSC 5 affect … Continue reading

February 28, 2017 · 4 Comments

Tobias Lock and Tom Gerald Daly: Brexit and the British Bill of Rights: Capturing Constitutional Complexity

Euroscepticism – usually framed as an argument from national sovereignty – was an important driving force behind Brexit, but also serves as a key motivator behind efforts to reform domestic … Continue reading

February 13, 2017 · 6 Comments

David Scott: Miller, Sewel, and the Human Rights Act

Many celebrated Miller’s outcome, imposing a Parliamentary “brake” (however brief) on the triggering of Article 50. But the Supreme Court’s unanimous agreement on the devolution issues [129–151 for the majority; … Continue reading

February 8, 2017 · 1 Comment

Richard Clayton QC: New Directions for Article 10: Strasbourg Reverses the Supreme Court in Kennedy

The Supreme Court decision in Kennedy v Charity Commission was striking from many points of view.  Mr Kennedy was a journalist frustrated by the way the Commission handled his allegations … Continue reading

December 13, 2016 · 3 Comments

Luke McDonagh: What Future for the Rule of Law and Human Rights in the New Populist Environment?

Introductions When I teach UK constitutional law to my students we often discuss the relationship between UK parliamentary sovereignty and the rule of law, and the tensions that inevitably occur … Continue reading

November 18, 2016 · 5 Comments

Alison Young: Towards an Expository Justice Approach to Human Rights Adudication?

The recent Supreme Court Case of R (Johnson) v Secretary of State for the Home Department, [2016] UKSC 56, appears at first glance to be a straightforward human rights claim. Lady Hale, … Continue reading

October 25, 2016 · 4 Comments

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