UK Constitutional Law Association

affiliated to the International Association of Constitutional Law

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 · 4 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

Douglas Edlin: Will Britain Have a Marbury?

 Marbury v Madison is the most famous judicial decision in US history, written by the most important judge in US history.  According to the traditional understanding, Chief Justice John Marshall brilliantly side-stepped … Continue reading

June 7, 2013 · 5 Comments

Derek O’Brien: The Basic Structure Doctrine and the Courts of the Commonwealth Caribbean

The basic structure doctrine, as first expounded by the Indian Supreme Court in the early 1970s in Kesavanand Bharati v Kerala (A.I.R. 1973 SC 1461), asserts that the law-making powers … Continue reading

May 28, 2013 · 5 Comments

Se-shauna Wheatle: The Residual Powers of the Court

There has, justifiably, been much debate about the implications of the judgments of the Supreme Court of the United Kingdom in R (Jackson) v Attorney General [2005] UKHL 56, [2006] … Continue reading

July 10, 2012 · 3 Comments