UK Constitutional Law Association

affiliated to the International Association of Constitutional Law

Conor Gearty: The Human Rights Act Should Not Be Repealed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 · 10 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

Sionaidh Douglas-Scott: Brexit, the Referendum and the UK Parliament: Some Questions about Sovereignty

So, we have the result of the Referendum, and a majority of voters have voted to leave the EU. A mantra of Leave campaigners seems to have been the desire … Continue reading

June 28, 2016 · 26 Comments

Kenneth Armstrong: Push Me, Pull You: Whose Hand on the Article 50 Trigger?

The days since the outcome of the British referendum vote to leave the European Union have seen much speculation over the law and politics of withdrawing from the EU under … Continue reading

June 27, 2016 · 18 Comments

Nick Barber, Tom Hickman and Jeff King: Pulling the Article 50 ‘Trigger’: Parliament’s Indispensable Role

In this post we argue that as a matter of domestic constitutional law, the Prime Minister is unable to issue a declaration under Article 50 of the Lisbon Treaty – … Continue reading

June 27, 2016 · 515 Comments