Earlier this week, the UK Supreme Court gave judgment in relation to the “Scottish Continuity Bill”  UKSC 64. The matter reached the Court through a reference made under section […]
The House of Commons Public Administration and Constitutional Affairs Committee (PACAC) has today published an interim report on the effect of confidence motions in the light of the Fixed-term Parliaments […]
Having prefaced his tenure as a Supreme Court Justice with a controversial lecture that (as Sir Stephen Sedley put it) he used “to reprove the judiciary which he was about to join for failing to keep out of the political arena”, the end of Lord Sumption’s judicial career is now marked by an address that is no less tendentious. Giving […]
On its new “Brexit Facts” website, the UK Government takes issue with the claim that the Brexit Withdrawal Agreement “would not give us back control of our laws”. However, in disputing that claim, the Government makes some questionable assertions of its own
The House of Lords Constitution Committee has published a major report on delegated powers. In this post, Mark Elliott and Stephen Tierney highlight the main constitutional issues and concerns identified in the report and set out the Committee’s principal recommendations
In a new journal article, Stephen Tierney and I consider the constitutional implications of the European Union (Withdrawal) Act 2018
After digging in its heels, the House of Commons Procedure Committee has extracted an undertaking from the Government that the process of scrutinising Brexit-related secondary legislation will function as parliamentarians had envisaged when the European Union (Withdrawal) Act 2018 was being enacted
The EU (Withdrawal) Act 2018 gives extraordinary law-making powers to the Government. Parliament sought to counterbalance those powers with a bespoke system for scrutinising their exercise. But is the Government now undermining those arrangements?
Brexit is placing the UK constitution under unprecedented strain. This article, originally published online by Prospect magazine, takes stock of where Brexit currently stands in domestic-constitutional terms
Mark Elliott, Jack Williams and Alison L Young introduce The UK Constitution After Miller: Brexit and Beyond — an edited collection published by Hart Publishing which explores the constitutional implications and legacy of the UK Supreme Court’s landmark judgment in the Miller case
The Government has published a White Paper outlining the legislation it will put to Parliament to give effect to the hoped-for Brexit withdrawal agreement. This post considers the constitutional issues raised by the proposed legislation — including its relationship with the just-enacted EU (Withdrawal) Act 2018
In a new paper, I explore what light has been shone on the UK constitution, and on the axiomatic principle of parliamentary sovereignty in particular, by EU membership — and what the post-Brexit constitutional legacy of that membership might be
The EU (Withdrawal) Act 2018 paves the way for Brexit by providing for the repeal of the European Communities Act 1972 and converting EU law into UK law. This post summarises how the Act works and briefly considers some of the key constitutional issues that it raises.
The importance of consistency in decision-making has been increasingly recognised in English administrative law. The Supreme Court’s recent judgment in Gallaher, in which consistency is said not to be a free-standing administrative law principle, is thus both surprising and questionable.
In this post, Mark Elliott, Stephen Tierney and Alison L Young consider the implications of the EU (Withdrawal) Bill for human rights protection — and how the Bill might be amended if the protections afforded by the Charter of Fundamental Rights are to be maintained after Brexit
Mark Elliott and Stephen Tierney summarise the House of Lords Constitution Committee’s report on the EU (Withdrawal) Bill, and highlight some of the key constitutional implications raised by the Committee