Kenneth Campbell QC: Henry VIII Comes to Scotland, Wales and Northern Ireland, and Other Devolution Questions in the EU (Withdrawal) Bill
Introductory As the ‘Great Repeal Bill’ of rhetoric becomes the European Union (Withdrawal) Bill of reality, the scale of the task facing Parliament – predicted by academic and practitioner commentators … Continue reading
Tarun Khaitan: A Constitution Protection Clause for the Great Repeal Bill?
Scope: Extensive provisions for Henry VIII powers in the European Union (Withdrawal) Bill 2017 (hereinafter, the “Repeal Bill”) have become predictably controversial. These powers are mainly found in clauses 7 … Continue reading
Jack Simson Caird: The European Union (Withdrawal) Bill: Constitutional Change and Legal Continuity
Cross-posted with the Constitution Unit blog. Nine months after Theresa May first announced that there would be a ‘Great Repeal Bill’, and three and a half months after triggering Article … Continue reading
Jean-Pierre Gauci and Robert McCorquodale: Brexit and Transitional Provisions: International Law Can Assist
In a recent statement, The Chancellor, Philip Hammond, highlighted the need for transitional measures to be agreed soon in the Brexit discussions. He is reported as stating: I am … Continue reading
Kenneth Armstrong: Has Article 50 Really Been Triggered?
Cross-posted from brexittime.com. With the Supreme Court handing down its judgment in Miller v Secretary of State for Exiting the EU on 24 January this year, one might have been … Continue reading
Eirik Bjorge: The Dualist System of the English Constitution and the Victorian Acquis
The Supreme Court in Miller set out the model that ‘the dualist system is a necessary corollary of Parliamentary sovereignty’ (para 57), or in the words of Campbell McLachlan … Continue reading
K M Hayne: The ‘Great Repeal Bill’
In the White Paper published in February this year (“The United Kingdom’s exit from and new partnership with the European Union” Cm 9417), the very first point made was that the … Continue reading
