UK Constitutional Law Association

affiliated to the International Association of Constitutional Law

Tag Archives: Miller v Secretary of State for Exiting the European Union

Richard Clayton QC: The Brexit Case That Never Was

Since the European Union (Notification of Withdrawal) Bill was enacted so swiftly, the political implications of R(Miller) v Secretary of State for Exiting the European Union [2017] 2 WLR 58 … Continue reading

March 22, 2017 · 5 Comments

Ewan Smith and Alison Young: “That’s how it worked in 2014, and how it would have to work again”

On the 9th of March, writing for the BBC, Laura Kuenssberg, the political editor of the BBC said “it’s up to the Westminster government to permit another [Scottish] referendum.” Six … Continue reading

March 15, 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 · 2 Comments

Davor Jancic: A Very Parliamentary Brexit: Satire in Two Acts

Brexit is a very parliamentary affair. The reason is that both the UK Parliament, the European Parliament and, in all likelihood, each of the parliaments of the EU Member States … Continue reading

February 23, 2017 · 2 Comments

Mikolaj Barczentewicz: The Principle of Legality and the EU-withdrawal Statute

Legal criticism of the EU (Notification of Withdrawal) Bill is quickly amassing. Notably, Paul Daly suggested that general phrasing of an authorisation to notify the UK’s intention to withdraw from … Continue reading

February 21, 2017 · 2 Comments

George Letsas: The Constitution and the Folly of Majoritarianism

In the aftermath of the EU Referendum many hoped that Parliament will, in its wisdom, block what the people decided to do in the heat of the moment: to leave … Continue reading

February 20, 2017 · 16 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