UK Constitutional Law Association

affiliated to the International Association of Constitutional Law

Jack Simson Caird and Ellis Paterson: Could the UK Courts Disapply Domestic Legislation to Enforce the Protocol on Ireland and Northern Ireland?

If the Withdrawal Agreement is approved, then Parliament will be asked to legislate to give domestic legal effect to its content through the EU (Withdrawal Agreement) Bill. One of the … Continue reading

February 19, 2019 · 4 Comments

Alison Young: Status of EU Law Post Brexit: Part Two

In an earlier blog post, I argued that whilst the Government’s amendments provided some clarity as to the status of retained EU law post Brexit, they failed to provide a … Continue reading

May 4, 2018 · 2 Comments

Alison Young: Status of EU Law Post Brexit: Part One

It is well-known that the status of retained EU law post Brexit was originally left undefined by the European Union (Withdrawal) Bill, save that it is classified as primary legislation … Continue reading

May 2, 2018 · 2 Comments

Paul Craig: European Union (Withdrawal) Bill: Legal Status and Effect of Retained Law

In an earlier posting I intimated that the initial divide between EU measures that should be regarded as primary legislation post-Brexit and those that should be regarded as secondary measures … Continue reading

March 8, 2018 · 3 Comments

Sir Stephen Laws: Giving “Deemed” Domestic Law Status to Retained EU Law

In his latest blog on the European Union (Withdrawal) Bill, Paul Craig criticises the recommendation of the House of Lords Constitution Committee (“HLCC”), at paras 70 and 93, that all … Continue reading

February 28, 2018 · 3 Comments

Paul Craig: European Union (Withdrawal) Bill: Legal Status of EU Retained Law

In a previous post I set out some suggestions concerning the status of EU law in the UK post-Brexit. I do not wish to repeat the arguments advanced earlier. I … Continue reading

February 26, 2018 · 7 Comments

Paul Craig: The Withdrawal Bill, Status and Supremacy

The House of Lords Constitution Committee’s Report on the European Union (Withdrawal) Bill, HL Paper 69, is a valuable document, with many important insights and recommendations for improvements to the … Continue reading

February 19, 2018 · 9 Comments

Michael Ford and Phil Syrpis: Retained EU law in the EU (Withdrawal) Bill: A Reaction to the House of Lords Constitution Committee Report

On 29 January the House of Lords Constitution Committee delivered a withering assessment of the EU (Withdrawal) Bill, describing it as ‘fundamentally flawed from a constitutional perspective in multiple ways’. … Continue reading

February 14, 2018 · 1 Comment

Mark Elliott and Stephen Tierney: Sovereignty or Supremacy? Lords Constitution Committee Reports on EU (Withdrawal) Bill

The House of Lords Constitution Committee today issues its main report on the European Union (Withdrawal) Bill. This follows the preliminary and interim reports on the Bill that the Committee … Continue reading

January 29, 2018 · 5 Comments

Richard Lang: The European Union (Withdrawal) Bill: Clause 4(2)(b), a Reply to Downie and Further Reflections

Introduction On 8 September 2017, Gordon Downie, wrote a most interesting and thought-provoking piece for this blog, in which he warned that Clause 4(2)(b) of the European Union (Withdrawal) Bill … Continue reading

November 15, 2017 · 2 Comments

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