UK Constitutional Law Association

affiliated to the International Association of Constitutional Law

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 · 7 Comments

Simon Lee: Dicey Sentiments

Everybody in Miller loves Dicey, judging by the publication of counsel’s arguments ahead of next week’s Supreme Court hearing. But it was not always thus and simply quoting more and … Continue reading

November 29, 2016 · 1 Comment

Luke McDonagh: What Future for the Rule of Law and Human Rights in the New Populist Environment?

Introductions When I teach UK constitutional law to my students we often discuss the relationship between UK parliamentary sovereignty and the rule of law, and the tensions that inevitably occur … Continue reading

November 18, 2016 · 5 Comments

Sionaidh Douglas-Scott: Miller: Why the Government Should Still Lose in the Supreme Court (Even with New Arguments)

In the landmark legal decision in Miller v Secretary of State for Exiting the EU, the High Court ruled that the government cannot use the royal prerogative to trigger Article … Continue reading

November 15, 2016 · 97 Comments

Timothy Endicott: ‘This Ancient, Secretive Royal Prerogative’

That was Gina Miller’s evocative phrase for the power of the Crown when she was interviewed on Radio 4 before the hearing in her case, R (on the application of … Continue reading

November 11, 2016 · 16 Comments

Albert Weale: The Constitution of Democracy and the Pretensions of the Plebiscite

When the UK’s High Court rendered its decision on whether the government could trigger Article 50 of the Lisbon Treaty under the royal prerogative to initiate the UK leaving the … Continue reading

November 10, 2016 · 14 Comments

David Feldman: Brexit, the Royal Prerogative, and Parliamentary Sovereignty

The issues in Miller In R. (Miller) v. Secretary of State for Exiting the European Union [2016] EWHC 2768 (Admin) judges had to decide, as a matter of law, on … Continue reading

November 8, 2016 · 17 Comments