UK Constitutional Law Association

affiliated to the International Association of Constitutional Law

Tag Archives: Relationship Between European and National Law

Anthony Bradley: A Review of Jack Straw’s Hamlyn Lectures: Aspects of Law Reform: An Insider’s Perspective

As the lecturer disarmingly tells us at the outset of the Hamlyn Lectures for 2012 Hamlyn Lectures for 2012, the illustrious procession of Hamlyn lecturers since 1949 (Lord Denning) through … Continue reading

October 7, 2013 · Leave a comment

Dorota Leczykiewicz: Melloni and the future of constitutional conflict in the EU

Constitutional conflict is a leitmotif of the relationship between EU law and national law. Courts of EU Member States are under a dual obligation of loyalty. On the one hand, … Continue reading

May 22, 2013 · 6 Comments

Roger Masterman: The Mirror Crack’d

Until recently, the Ullah principle – that in giving effect to the Convention rights under the HRA the ‘duty of national courts is to keep pace with the Strasbourg jurisprudence … Continue reading

February 13, 2013 · 12 Comments

David Feldman: The European Court of Human Rights and the UK – Why Should Strasbourg Decide On Our Human Rights?

The date set for publication of the report of the Commission on a Bill of Rights  approaches.  The Commission was established to consider whether the UK should have a Bill … Continue reading

December 7, 2012 · 7 Comments

Tom Hickman: The Return of Abu Qatada (to the streets of London)

The Abu Qatada saga is proving to be a very expensive and very embarrassing headache for the British Government. Following his narrow victory in Strasbourg in January, in which he … Continue reading

November 14, 2012 · 2 Comments

Helen Fenwick: What’s Wrong with s.2 of the Human Rights Act?

It’s rare for a section of an Act of Parliament to arouse as much ire as s2 does, or for it to be asked to play such divergent roles by … Continue reading

October 9, 2012 · 6 Comments

Dorota Leczykiewicz: The ‘national identity clause’ in the EU Treaty: a blow to supremacy of Union law?

The provision generally referred to as ‘the national identity clause’ is located Article 4(2) of the Treaty on European Union (TEU).  It says: The Union shall respect the equality of … Continue reading

June 21, 2012 · 2 Comments

Cormac Mac Amhlaigh: W(h)ither Sovereignty?

Harbingers of the demise of sovereignty are not new.  At least since Karl Marx prophesized the withering away of the state, the heralding of the end of sovereignty has been … Continue reading

June 15, 2012 · 3 Comments

Colm O’Cinneide: Prisoners Votes (Again) and the ‘Constitutional Illegitimacy’ of the ECHR

The relationship between the UK and the European Court of Human Rights is once again in the news. On the 22th May last, the Grand Chamber of the Strasbourg Court … Continue reading

June 3, 2012 · 6 Comments

David Mead: The Right To Protest Contained By Strasbourg: An Analysis of Austin v. UK & The Constitutional Pluralist Issues it Throws Up

The last few days have proved to be eventful for anyone interested in free speech and protest. First, Cambridge PhD student Owen Holland was rusticated for seven terms for reading … Continue reading

March 16, 2012 · 11 Comments

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