UK Constitutional Law Association

affiliated to the International Association of Constitutional Law

George Peretz QC: Storm Clouds over the Welsh Mountains: Agriculture and Devolution

A report by the National Assembly for Wales’ Climate Change, Environment and Rural Affairs Committee published on 24 March received more publicity than might have been expected. That was largely … Continue reading

March 30, 2017 · 4 Comments

Mark Elliott and Stephen Tierney: The ‘Great Repeal Bill’ and Delegated Powers

A good deal of the legal and constitutional interest generated by Brexit has so far, perhaps unsurprisingly, focussed upon the very beginning of the withdrawal process. Initially, all eyes were … Continue reading

March 7, 2017 · 5 Comments

Tobias Lock and Tom Gerald Daly: Brexit and the British Bill of Rights: Capturing Constitutional Complexity

Euroscepticism – usually framed as an argument from national sovereignty – was an important driving force behind Brexit, but also serves as a key motivator behind efforts to reform domestic … Continue reading

February 13, 2017 · 6 Comments

Joe Atkinson: Parliamentary Intent and the Sewel Convention as a Legislatively Entrenched Political Convention

One interesting finding in Miller is that it appears to recognise the Sewel Convention as a new form of constitutional convention; one that is legislatively entrenched but remains a convention … Continue reading

February 10, 2017 · Leave a comment

David Scott: Miller, Sewel, and the Human Rights Act

Many celebrated Miller’s outcome, imposing a Parliamentary “brake” (however brief) on the triggering of Article 50. But the Supreme Court’s unanimous agreement on the devolution issues [129–151 for the majority; … Continue reading

February 8, 2017 · 1 Comment

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

Eugenio Velasco and Conor Crummey: The Reading of Section 28(8) of the Scotland Act 1998 as a Political Convention in Miller

The holding of the majority in Miller that section 28(8) of the Scotland Act 1998, which  echoes the wording of the Sewel Convention, creates no legal obligation on the UK … Continue reading

February 3, 2017 · 3 Comments