UK Constitutional Law Association

affiliated to the International Association of Constitutional Law

Tag Archives: Vienna Convention on the Law of Treaties

Philip Allott: Taking Stock of the Legal Fallout from the EU (Notification of Withdrawal) Act 2017

Some of the accumulated noxious legal dust will now settle with the enacting of the grossly mistitled EU (Notification of Withdrawal) Act 2017. We may have witnessed our first post-legal … Continue reading

February 2, 2017 · 11 Comments

Richard Clayton QC: New Directions for Article 10: Strasbourg Reverses the Supreme Court in Kennedy

The Supreme Court decision in Kennedy v Charity Commission was striking from many points of view.  Mr Kennedy was a journalist frustrated by the way the Commission handled his allegations … Continue reading

December 13, 2016 · 3 Comments

David Feldman: Brexit, the Royal Prerogative, and Parliamentary Sovereignty

The issues in Miller In R. (Miller) v. Secretary of State for Exiting the European Union [2016] EWHC 2768 (Admin) judges had to decide, as a matter of law, on … Continue reading

November 8, 2016 · 23 Comments

Aurel Sari: Biting the Bullet: Why the UK Is Free to Revoke Its Withdrawal Notification under Article 50 TEU

‘There is no going back.’ These were the words of Lord Pannick, uttered before the High Court in response to the question whether the United Kingdom could rescind its notification … Continue reading

October 17, 2016 · 25 Comments

Jake Rylatt: The Irrevocability of an Article 50 Notification: Lex Specialis and the Irrelevance of the Purported Customary Right to Unilaterally Revoke

With the constitution of a new UK Government formed around a policy of ‘Brexit’, and the creation of the new ministerial position of ‘Secretary of State for Exiting the European … Continue reading

July 27, 2016 · 7 Comments

Charles Streeten: Putting the Toothpaste Back in the Tube: Can an Article 50 Notification Be Revoked?

Introduction It is, as the rather outmoded saying goes, a woman’s prerogative to change her mind; but what about the United Kingdom’s? Whilst there has been much academic discussion, not … Continue reading

July 13, 2016 · 16 Comments

Ewan Smith: What Would Happen if the Government Unlawfully Issued an Article 50 Notification without Parliamentary Approval?

In “Pulling the Article 50 ‘Trigger’: Parliament’s Indispensable Role” Nick Barber, Jeff King and Tom Hickman argued that it is Parliament, and not the government, who get to decide whether to … Continue reading

June 30, 2016 · 17 Comments