UK Constitutional Law Association

affiliated to the International Association of Constitutional Law

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

Robert Craig: Judicial Review of Advice to Prorogue Parliament

In a recent Times article, Lord Pannick QC – leading Counsel in the Miller litigation – argues that if a Prime Minister were to advise HMQ to prorogue parliament to … Continue reading

July 12, 2019 · 11 Comments

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

John Finnis: Royal Assent – A Reply to Mark Elliott

I agree with Mark Elliott in finding my April 1 argument about prorogation and assent astonishing and monstrous, once the argument’s important premises have been omitted, as he has omitted … Continue reading

April 8, 2019 · 15 Comments

Ewan McGaughey: What Is Needed in Our Constitution to Revoke Article 50?

Professors Gavin Phillipson and Alison Young have argued on this blog that an Act of Parliament is needed to revoke article 50. An alternative view is that, while an Act … Continue reading

April 2, 2019 · 3 Comments

Kenneth Campbell: Constitutional Dogs That Barked and Dogs That Did Not: The Scottish Continuity Bill in the Supreme Court

Introductory Somewhat overshadowed by the Wightman saga, and the unscheduled Conservative leadership demarche, the UKSC decision in the UK Withdrawal from the European Union (Legal Continuity)(Scotland) Bill compatibility reference was … Continue reading

January 14, 2019 · 2 Comments

Robert Craig: Can the Government Use the Royal Prerogative to Extend Article 50?

Introduction The possibility of extending the Article 50 process is being discussed in media outlets and social media. There are a number of potential scenarios where a short extension might … Continue reading

January 9, 2019 · 9 Comments

Kenneth Armstrong: The Advent of Brexit – Can It Be Paused?

As each day passes, a new window seems to be thrown open exposing fresh legal issues to be solved as the UK continues its journey towards its withdrawal from the … Continue reading

December 12, 2018 · 4 Comments

Gavin Phillipson and Alison L. Young: Wightman: What Would Be the UK’s Constitutional Requirements to Revoke Article 50?

Today the Court of Justice of the European Union delivered its judgment in Wightman. This followed the opinion of Advocate General Campos Sánchez-Bordona, concluding that the UK may unilaterally revoke … Continue reading

December 10, 2018 · 28 Comments

Benedict Douglas: The Fundamental Tension Underlying the UK Constitution

Are we defined by the duties we owe or the choices we make? Until very recently UK citizens have predominantly understood their personal identity, what is right and wrong, and … Continue reading

September 12, 2018 · 8 Comments

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