Blog of the International Journal of Constitutional Law

Tag: Parliamentary Sovereignty

  • Review Essay: Nicholas Barber, The United Kingdom Constitution: An Introduction (Oxford, Clarendon Law, 2022)

    [Editor’s Note: In this installment of I•CONnect’s Book Review Series, Stephen Tierney reviews Nicholas Barber’s book “The United Kingdom Constitution: An Introduction” (Oxford: Clarendon Law, 2022) —Stephen Tierney, Professor of Constitutional Theory, University of Edinburgh; Legal Adviser, House of Lords Constitution Committee Nicholas Barber’s excellent new book is published at a time of great flux in the constitution of the United Kingdom.

  • 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 the world (Wallyng v Meger).

  • 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.

  • 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.

  • 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.

  • 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.

  • 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 a declaration under Article 50 of the Lisbon Treaty – triggering our withdrawal from the European Union – without having been first authorised to do so by an Act of the United Kingdom Parliament. 

  • 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 of cooperative behaviour by public authorities, principally the legislative branch, under Canadian constitutional law.