UK Constitutional Law Association

affiliated to the International Association of Constitutional Law

Robert Craig: Report of Proceedings: Miller v Secretary of State for Exiting the European Union, Day 2

Editors’ note: For a report on the first day of proceedings, please see here. Introduction The second day of proceedings in the Miller case started at 9.45am as scheduled following … Continue reading

October 20, 2016 · 3 Comments

Piet Eeckhout: The UK Decision to Withdraw from the EU: Parliament or Government?

The litigation concerning the triggering of Art 50 TEU is under way, with hearings this past week and early next.  It is the constitutional case of the century.  The Government’s … Continue reading

October 15, 2016 · 5 Comments

Robert Craig: Report of Proceedings: Miller v Secretary of State for Exiting the European Union

Introduction Thursday 13 October 2016 marked the beginning of the hearing over the constitutional question of whether Article 50 may be triggered by the Government without further statutory authorisation. This … Continue reading

October 14, 2016 · 7 Comments

Conor Gearty: The Human Rights Act Should Not Be Repealed

There is no reason to repeal the Human Rights Act and the government’s manifesto commitment to do so should be dropped. The objections to it are misconceived, the arguments against … Continue reading

September 17, 2016 · 15 Comments

Alex Green: Why the EU Referendum Might Be Morally Binding – A Partial Response to Yossi Nehushtan

In an erudite and sophisticated post on this blog, Dr Yossi Nehushtan argues that the United Kingdom’s recent referendum on membership in the European Union is not morally binding on … Continue reading

July 14, 2016 · 2 Comments

Rebecca Williams: Do We Have to Follow the Result of the Brexit Referendum?

Legally the answer is clear: no. The European Union Referendum Act 2015 states that a referendum should be held. It does not state what should happen thereafter. Indeed, it is … Continue reading

July 8, 2016 · 12 Comments

Yossi Nehushtan: Why the EU Referendum’s Result Is not Morally-Politically Binding

Thus far, while the UK is trying to comprehend the EU referendum’s result, there seems to be a consensus according to which even though the referendum is merely advisory, it … Continue reading

July 5, 2016 · 19 Comments