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I·CONnect

Blog of the International Journal of Constitutional Law
Home Posts tagged "Parliamentary Sovereignty"
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Changing the Constitution in the Guise of Preserving It

–Qinhao Zhu, University of Oxford In most professions creativity is good. But the value of judicial creativity is more suspect. There’s the suspicion that the creative judge is cheating. Hence, judges often portray their decisions as unoriginal. At one time in England it was said that the common law had existed since the creation of

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Published on October 18, 2019
Author:          Filed under: Developments
 
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Observations on the Supreme Court’s Miller and Cherry Hearings

—Theodore Konstadinides, Professor of Law, University of Essex The Miller / Cherry legal battle last week lingered between the tectonic plates of the political and the legal. It was three days of carefully defined legal terms, extended and masterful advocacy combined with awkward pauses, grimaces of disbelief, and phrases that baffled non-lawyers. Both prior and

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Published on September 23, 2019
Author:          Filed under: Developments
 
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Book Review: Alan Greene on Antonios Kouroutakis’s “The Constitutional Value of Sunset Clauses”

[Editor’s Note: In this installment of I•CONnect’s Book Review Series, Alan Greene reviews Antonios Kouroutakis’s book on The Constitutional Value of Sunset Clauses (Routledge 2017)] —Alan Greene, Assistant Professor, Durham Law School Constitutions should evoke ideas of stability, inertia, and permanence. They are often an attempt to reassure and establish certainty that often emerge from the ashes of

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Published on July 11, 2017
Author:          Filed under: Reviews
 
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Legal Uncertainty Surrounding the Approval of the Brexit Agreement

—Antonios Kouroutakis, Assistant Professor, IE University The referendum of June 23rd 2016 and the majority vote in favour of Brexit led British constitutional law into uncharted territories as Paul Craig has accurately said.[1] The constitutional order of the United Kingdom is being overwhelmed by a paradox. Although it is governed by the principle of parliamentary

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Published on June 28, 2017
Author:          Filed under: Analysis
 
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Brexit: Court Decisions Reopen Arguments

—Susan Sterett, Virginia Polytechnic Institute and State University, Center for Public Administration and Policy Sitting in a field in the English countryside last July by a campfire, my London friends and I talked about Brexit and what it might mean for their friends and their work. Would their European friends who lived in England have to

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Published on November 12, 2016
Author:          Filed under: Developments
 
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Pulling the Article 50 ‘Trigger’: Parliament’s Indispensable Role

Cross-posted with permission from the UK Constitutional Law Association Blog. The original post appears here. —Nick Barber, Fellow, Trinity College Oxford; Tom Hickman, Reader, UCL and barrister at Blackstone Chambers; Jeff King, Senior Lecturer in Law, UCL In this post we argue that as a matter of domestic constitutional law, the Prime Minister is unable to issue

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Published on June 28, 2016
Author:          Filed under: Analysis
 
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Taking Aim at Cooperative Federalism: The Long-Gun Registry Decision by the Supreme Court of Canada

—Johanne Poirier[*], Université libre de Bruxelles  On March 27, 2015, a highly divided Supreme Court of Canada rendered a momentous ruling which reveals a severe divergence on the nature of Canadian contemporary federalism.[1]  The tight 5 to 4 decision also underlines a different conception of the role of the judicial branch regarding the defence and promotion

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Published on April 15, 2015
Author:          Filed under: Analysis