UK Constitutional Law Association

affiliated to the International Association of Constitutional Law

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 · 17 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

Jean Leclair: Brexit and the Unwritten Constitutional Principle of Democracy: A Canadian Perspective

Much has been written on whether a prior approval by the UK Parliament is required to trigger the withdrawal process from the European Union under Article 50 of the Treaty … Continue reading

November 3, 2016 · Leave a comment

Marco Goldoni: Constitutional Referendums as Vectors of Regime-building: Observations from the Italian Case

It is referendums’ season. After Brexit and the Hungarian referendum on the European migrants’ resettlement plans (the so called ‘quota referendum’), an important constitutional plebiscite will take place in Italy … Continue reading

October 21, 2016 · 2 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

Leah Trueblood: Referendums, Compromise, and Ratification

Resolving any political question requires compromise. This is as true for constitutional questions as it is for questions of policy. This can be seen now in the European Union’s reminders … Continue reading

July 5, 2016 · 7 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