UK Constitutional Law Association

affiliated to the International Association of Constitutional Law

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

Richard Ekins: Reflections on Democracy’s Foundations

This is part of a series of posts in which Richard Ekins reflects upon Lord Sumption’s Reith Lectures. You can find the first posts here, here and here. In his … Continue reading

June 19, 2019 · 14 Comments

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

April 3, 2019 · 6 Comments

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

February 19, 2019 · 4 Comments

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

January 8, 2019 · 1 Comment

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

January 18, 2018 · 2 Comments

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

January 17, 2018 · 4 Comments

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

September 18, 2017 · 4 Comments

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

September 12, 2017 · 4 Comments

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