UK Constitutional Law Association

affiliated to the International Association of Constitutional Law

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 · 2 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

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 · 17 Comments

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

January 31, 2017 · 9 Comments

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

January 20, 2017 · 3 Comments

Mikolaj Barczentewicz: Uses and Misuses of the Rule of Recognition in Miller

The jurisprudential concept of the rule of recognition featured several times during the Miller hearings at the Supreme Court. In this short note, I discuss three uses of the concept … Continue reading

January 12, 2017 · 5 Comments

Thomas Poole: Losing our Religion? Public Law and Brexit

Prerogative is the enemy of the people. This has been settled as matter of law for a very long time. The constitutional settlement of 1688 made a decision for responsible … Continue reading

December 2, 2016 · 12 Comments