UK Constitutional Law Association

affiliated to the International Association of Constitutional Law

Asanga Welikala: The Need for a ‘Cartesian Cleaning of the Augean Stables’? Miller and the Territorial Constitution

It is clear that the UKSC’s observations on the meaning and effect of ss. 1 and 2 of the Scotland Act 2016 in Miller have deep consequences for both the … Continue reading

February 7, 2017 · 1 Comment

Philip Allott: The Short Title of the European Union (Notification of Withdrawal) Bill Is Incorrect

The Short Title of the European Union (Notification of Withdrawal) Bill is incorrect. The notification is not of withdrawal from the EU. As the Long Title and Clause 1(1) of … Continue reading

January 30, 2017 · 16 Comments

Pavlos Eleftheriadis: The Systematic Constitution

The Supreme Court judgment in Gina Miller is not merely an affirmation of what the High Court said. The eight member majority confirmed the earlier decision, but also took the … Continue reading

January 30, 2017 · 4 Comments

Timothy Endicott: A Treaty of Paramount Importance

Cross-posted with the Judicial Power Project. The reasoning of the majority of the UK Supreme Court in Miller‘s case is undermined by Lord Reed’s rather beautiful explanation of the European Communities … Continue reading

January 26, 2017 · 11 Comments

Robert Craig: Miller Supreme Court Case Summary

R (on the application of Miller and Dos Santos) (Respondents) v Secretary of State for Exiting the European Union (Appellant) Reference by the Attorney General for Northern Ireland – In … Continue reading

January 26, 2017 · 7 Comments

Jack Williams: The Supreme Court’s Approach to Prerogative Powers in Miller: An Analysis of Four E’s

Three initial observations can be made about the Supreme Court’s analytical approach to prerogative powers in the Miller judgment. First, the Court’s judgment has clarified the proper framework for analysing … Continue reading

January 25, 2017 · 3 Comments

Raj Desai: Miller and the Flexibility of the UK Constitution

The Government placed considerable reliance on the flexibility of the UK constitution in its appeal to the Supreme Court in Miller, urging that this flexibility be employed to take full … Continue reading

January 17, 2017 · 7 Comments