Readers may wish to know that Prof. Mark Elliot has published an excellent and comprehensive argument about why Parliament’s approval is not required to trigger Article 50 TEU. It replies … Continue reading
Leonard Besselink: Beyond Notification: How to Leave the European Union without Using Article 50 TEU
In legal terms, the referendum on EU membership in the UK is an advisory abrogative referendum. It needs to be given effect, if at all, by the competent authorities, primarily … Continue reading
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
What more, if anything, is needed to translate the result of the referendum into actual exit from the European Union? This question, which hardly featured in public discussion before the … Continue reading
As all the world knows, last Thursday the British people voted in a referendum about whether the UK should leave the EU. The prospect of the referendum encouraged much reflection … Continue reading
Sionaidh Douglas-Scott: Brexit, the Referendum and the UK Parliament: Some Questions about Sovereignty
So, we have the result of the Referendum, and a majority of voters have voted to leave the EU. A mantra of Leave campaigners seems to have been the desire … Continue reading
The results of the third nation-wide referendum in the United Kingdom are still sinking in at home and around the world. Just below 52% voted to leave the European Union, … Continue reading
Franz C. Mayer: Two Years Are Two Tears Are Two Years? When Does the Brexit Countdown Actually Begin?
Summer 2026. Germany has decided to leave the European Union. A few thousand votes were sufficient on the basis of a special referendum under Article 20(2) of the German constitution. … Continue reading
The days since the outcome of the British referendum vote to leave the European Union have seen much speculation over the law and politics of withdrawing from the EU under … Continue reading
Nick Barber, Tom Hickman and Jeff King: Pulling the Article 50 ‘Trigger’: Parliament’s Indispensable Role
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 – … Continue reading