Stefan Theil: Unconstitutional Prorogation
Parliament voted on the evening of 1 April in a series of indicative votes to determine what, if any, alternative plan for withdrawal from the European Union could command the … Continue reading
Jack Simson Caird and Ellis Paterson: Could the UK Courts Disapply Domestic Legislation to Enforce the Protocol on Ireland and Northern Ireland?
If the Withdrawal Agreement is approved, then Parliament will be asked to legislate to give domestic legal effect to its content through the EU (Withdrawal Agreement) Bill. One of the … Continue reading
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
Mike Gordon: Parliamentary Sovereignty and the Implementation of the EU Withdrawal Agreement (Part II)
Editors’ note: This is the second part of a two-part contribution. The first part can be found here. Part one of this blog post considered the constitutional challenge potentially posed … Continue reading
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
Thomas Fairclough: What’s New About the Rule of Law? A Reply to Michal Hain
This blog recently published a detailed piece by Michal Hain. He made some very interesting claims that this note will examine. I start by explaining Hain’s arguments and ordering them … Continue reading
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
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
Oliver Garner: Conditional Primacy of EU Law: The United Kingdom Supreme Court’s Own “Solange (so long as)” Doctrine?
In circumstances of “normal” membership of the European Union, the UK Supreme Court’s dicta in the Miller judgment that EU law is an “independent and overriding source of domestic law” … Continue reading
Kenneth Campbell QC: How Devolution Has Altered Some Fundamentals of the British Constitution
Introduction Regular readers of this blog will need no reminding of how much anticipation has been devoted to the Art 50 litigations ahead of and and during the UK Government’s … Continue reading
