UK Constitutional Law Association

affiliated to the International Association of Constitutional Law

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

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 · 1 Comment

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

Francis Young: “Packing” the Lords: Some Legal Reflections

The recent string of Government defeats in the House of Lords over amendments to the European Union (Withdrawal) Bill has reignited the debate over the role of the Lords in … Continue reading

May 16, 2018 · 18 Comments

Alison Young: Status of EU Law Post Brexit: Part Two

In an earlier blog post, I argued that whilst the Government’s amendments provided some clarity as to the status of retained EU law post Brexit, they failed to provide a … Continue reading

May 4, 2018 · 2 Comments

Brian Christopher Jones: Wightman and How Not to Advance the Law

Wightman v Advocate General [2018] concerns whether it is legally possible to reverse an Article 50 notice given to the European Union. At first instance the Lord Ordinary refused permission … Continue reading

April 11, 2018 · 5 Comments

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