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Category Archive: Europe

Richard Lang: The European Union (Withdrawal) Bill: Clause 4(2)(b), a Reply to Downie and Further Reflections

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Introduction On 8 September 2017, Gordon Downie, wrote a most interesting and thought-provoking piece for this blog, in […]

Constitutional Law Group November 15, 2017 Europe, European Union, UK government, UK Parliament

Alison Young: Benkharbouche and the Future of Disapplication

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Last week, Lord Sumption delivered the majority decision of the Supreme Court on Benkharbouche v Secretary of State […]

Constitutional Law Group October 24, 2017 Europe, European Union, Human rights, International law, Judicial review

Robert Craig: Why an Act of Parliament Would Be Required to Revoke Notification under Article 50

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The possibility of the UK revoking its Article 50 notice is hitting the headlines. The Prime Minister was […]

Constitutional Law Group October 16, 2017 Europe, European Union, UK government, UK Parliament

Cormac Mac Amhlaigh: Can Brexit Be Stopped under EU Law?

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Ominous clouds are gathering and the terrain underfoot increasingly resembles a quagmire on the Brexiteers’ ‘sunlit uplands’. The […]

Constitutional Law Group October 10, 2017 Europe, European Union, International law

Merris Amos: Red Herrings and Reductions: Human Rights and the EU (Withdrawal) Bill

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Introduction When Parliament resumes next week, the EU (Withdrawal) Bill will be entering its Committee stage in the […]

Constitutional Law Group October 4, 2017 Europe, European Union, Human rights

Gordon Downie: Brexit: What to Make of Directives?

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The European Union (Withdrawal) Bill seems to make no clear provision for EU Directives to play a role […]

Constitutional Law Group September 8, 2017 Devolution, Europe, European Union, Scotland, UK government

Mark Elliott and Stephen Tierney: House of Lords Constitution Committee Issues Interim Report on the EU (Withdrawal) Bill

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In an interim report on the European Union (Withdrawal) Bill, the House of Lords Constitution Committee has said […]

Constitutional Law Group September 7, 2017 Devolution, Europe, European Union, UK government, UK Parliament

Kenneth Campbell QC: Henry VIII Comes to Scotland, Wales and Northern Ireland, and Other Devolution Questions in the EU (Withdrawal) Bill

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Introductory As the ‘Great Repeal Bill’ of rhetoric becomes the European Union (Withdrawal) Bill of reality, the scale […]

Constitutional Law Group July 20, 2017 Devolution, Europe, European Union, Northern Ireland, Scotland, UK government, Wales

Tarun Khaitan: A Constitution Protection Clause for the Great Repeal Bill?

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Scope: Extensive provisions for Henry VIII powers in the European Union (Withdrawal) Bill 2017 (hereinafter, the “Repeal Bill”) […]

Constitutional Law Group July 19, 2017 Europe, European Union, Human rights

Jack Simson Caird: The European Union (Withdrawal) Bill: Constitutional Change and Legal Continuity

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Cross-posted with the Constitution Unit blog. Nine months after Theresa May first announced that there would be a […]

Constitutional Law Group July 18, 2017 Constitutional change, Devolution, Europe, European Union, UK government, UK Parliament

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