UK Constitutional Law Association

affiliated to the International Association of Constitutional Law

Mike Gordon: Privacy International, Parliamentary Sovereignty and the Synthetic Constitution

The case of R (Privacy International) v Investigatory Powers Tribunal  is the latest in a series of high profile judicial engagements with the doctrine of parliamentary sovereignty.  The case concerned … Continue reading

June 26, 2019 · 1 Comment

Sam Fowles: Can the Prime Minister Prorogue Parliament to Deliver a No Deal Brexit?

  In recent days certain government backbenchers have proposed a new avenue to deliver a “no deal” Brexit. As Sir Edward Leigh put it:   “There are only two choices … Continue reading

June 10, 2019 · 18 Comments

Anurag Deb: Privacy International: A Matter of Constitutional Logic and Judicial Trust?

Introduction The High Court and Court of Appeal decisions in Privacy International v IPT have ignited the debate on the ‘validity’ or otherwise of ouster clauses in the UK constitution … Continue reading

January 8, 2019 · 1 Comment

Hayley J. Hooper: Balancing Access to Justice and the Public Interest: Privacy International and Ouster Clauses in the Broader Constitutional Context

In November 2017, the Court of Appeal in R (Privacy International) v Investigatory Powers Tribunal unanimously held that a so-called “ouster clause” in respect of the of the Investigatory Powers … Continue reading

February 12, 2018 · 1 Comment

Mike Gordon: Parliamentary Sovereignty and the Implementation of the EU Withdrawal Agreement (Part I)

Editors’ note: This is the first of a two-part contribution. The second part will be posted tomorrow. The Brexit process continues to generate challenges for law, government and the constitution … Continue reading

January 17, 2018 · 4 Comments

Michal Hain: Guardians of the Constitution – the Constitutional Implications of a Substantive Rule of Law

A constitutional storm is brewing. Whilst it is too early to perform the burial rites for parliamentary sovereignty, the Supreme Court’s decisions in R (UNISON) v Lord Chancellor [2017] UKSC … Continue reading

September 12, 2017 · 4 Comments

Mikolaj Barczentewicz: Uses and Misuses of the Rule of Recognition in Miller

The jurisprudential concept of the rule of recognition featured several times during the Miller hearings at the Supreme Court. In this short note, I discuss three uses of the concept … Continue reading

January 12, 2017 · 5 Comments

Elizabeth Campion: Pay No Attention to the Man Behind the Curtain: Parliamentary and Governmental Power in the Wake of the EU Referendum

The case of Santos and M v Secretary of State for Exiting the European Union (CO/3281/2016 and CO/3809/2016) (“Santos“) was heard in the High Court this week by the Lord … Continue reading

October 24, 2016 · 6 Comments

Robert Craig: Report of Proceedings: Miller v Secretary of State for Exiting the European Union

Introduction Thursday 13 October 2016 marked the beginning of the hearing over the constitutional question of whether Article 50 may be triggered by the Government without further statutory authorisation. This … Continue reading

October 14, 2016 · 48 Comments

Paul Reid: ‘English votes on English law’: Just Another Running Repair

It has taken a while, but we have a solution to the West Lothian question, so we are told. English votes, on English law. By amending the Standing Orders of … Continue reading

October 28, 2015 · 1 Comment

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