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Search Results for: Barczentewicz

Mikolaj Barczentewicz: The Principle of Legality and the EU-withdrawal Statute

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Legal criticism of the EU (Notification of Withdrawal) Bill is quickly amassing. Notably, Paul Daly suggested that general […]

Constitutional Law Group February 21, 2017 Europe, European Union, Human rights, Judicial review, UK government, UK Parliament

Mikolaj Barczentewicz: Uses and Misuses of the Rule of Recognition in Miller

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The jurisprudential concept of the rule of recognition featured several times during the Miller hearings at the Supreme […]

Constitutional Law Group January 12, 2017 Europe, European Union, International law, Judicial review, UK government, UK Parliament

Mikolaj Barczentewicz: Consequences of the High Court’s Reasoning in the Article 50 Judgment: EU Law-making Unlawful

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Introduction In its judgment in Miller (the Article 50 litigation), the High Court had no doubts that it […]

Constitutional Law Group November 18, 2016 Europe, European Union, Human rights, Judicial review, UK government, UK Parliament

Mikolaj Barczentewicz: The Supreme Court Should Not Refer to the EU Court of Justice on Article 50

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One of the most discussed aspects of the forthcoming appeal in the Article 50 litigation is the issue […]

Constitutional Law Group November 11, 2016 Europe, European Union, Judicial review, Judiciary, UK government, UK Parliament

Mikolaj Barczentewicz: Does EU Law Bind Parliament as to Withdrawal from the EU? British Expats and Their Right to Vote (Shindler)

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With the Brexit referendum quickly approaching, the courts were confronted with an EU law challenge against a provision […]

Constitutional Law Group June 16, 2016 European Union

Mikolaj Barczentewicz: Limits of the Domestic Judicial Power to Disregard EU Law – Chester in Reverse

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Domestic courts in the United Kingdom have a power (and a duty) to disregard EU law when it […]

Constitutional Law Group February 24, 2016 European Union, Judicial review, Judiciary

Mike Gordon: Parliamentary Sovereignty and the Implementation of the EU Withdrawal Agreement (Part I)

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Editors’ note: This is the first of a two-part contribution. The second part will be posted tomorrow. The […]

Constitutional Law Group January 17, 2018 Europe, European Union, UK government, UK Parliament

Weekly round-up of events

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This week’s event announcements include: ‘The Constitutional Implications of the Miller Judgment’, UCL Laws and Public Law, 22 […]

Constitutional Law Group February 10, 2017 Events

Robert Craig: Miller: An Index of Reports and Commentary

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The list below organises the voluminous commentary and legal filings in the Miller litigation. It is designed to […]

Constitutional Law Group January 25, 2017 Europe, European Union, Judicial review, UK government, UK Parliament

Stijn Smismans: About the Revocability of Withdrawal: Why the EU (Law) Interpretation of Article 50 Matters

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In the Miller case the High Court of England and Wales did not question the parties’ common understanding […]

Constitutional Law Group November 29, 2016 Europe, European Union, International law, UK government, UK Parliament

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