UK Constitutional Law Association

affiliated to the International Association of Constitutional Law

Robert Craig: Judicial Review of Advice to Prorogue Parliament

In a recent Times article, Lord Pannick QC – leading Counsel in the Miller litigation – argues that if a Prime Minister were to advise HMQ to prorogue parliament to … Continue reading

July 12, 2019 · 11 Comments

Sam Fowles: Can the Prime Minister Prorogue Parliament to Deliver a No Deal Brexit?

  In recent days certain government backbenchers have proposed a new avenue to deliver a “no deal” Brexit. As Sir Edward Leigh put it:   “There are only two choices … Continue reading

June 10, 2019 · 18 Comments

John Finnis: Royal Assent – A Reply to Mark Elliott

I agree with Mark Elliott in finding my April 1 argument about prorogation and assent astonishing and monstrous, once the argument’s important premises have been omitted, as he has omitted … Continue reading

April 8, 2019 · 15 Comments

Jeff King: Can Royal Assent to a Bill Be Withheld If So Advised by Ministers?

An article in the Sunday Times by Professor Richard Ekins and Sir Stephen Laws QC advised that the Monarch could withhold Royal Assent to a bill passed if advised to … Continue reading

April 5, 2019 · 10 Comments

Robert Craig: Executive Versus Legislature in the UK – A Response to Mark Elliott and Tom Poole

For constitutional lawyers, the Brexit Santa Claus has shimmied down the chimney once again. This post is a response to Mark Elliott who recently commented on an article by John … Continue reading

April 5, 2019 · 12 Comments

Stefan Theil: Unconstitutional Prorogation

Parliament voted on the evening of 1 April in a series of indicative votes to determine what, if any, alternative plan for withdrawal from the European Union could command the … Continue reading

April 3, 2019 · 6 Comments

Robert Craig: Why Royal Consent Is Required for the Proposed Article 50 Extension Bill

I wrote recently on this blog about the issue of Royal Assent. This post concerns the wholly separate issue of Royal Consent which is a requirement for those rare Bills … Continue reading

February 25, 2019 · 21 Comments

David Howarth: How to Change the Government Without Causing a General Election

The Fixed Term Parliaments Act 2011 removed the ability of Prime Ministers to call early general elections and handed that power to Parliament. Parliament has two options: a motion supported … Continue reading

November 26, 2018 · 2 Comments

Francis Young: “Packing” the Lords: Some Legal Reflections

The recent string of Government defeats in the House of Lords over amendments to the European Union (Withdrawal) Bill has reignited the debate over the role of the Lords in … Continue reading

May 16, 2018 · 18 Comments

Robert Craig: Zombie Prerogatives Should Remain Decently Buried: Replacing the Fixed-term Parliaments Act 2011 (Part 2)

Editors’ note: This is the second of a two-part contribution. The first part may be found here. Part 2: What should replace the FTPA? A previous post argued that a … Continue reading

May 25, 2017 · 6 Comments

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