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Category Archive: Europe

Thomas Fairclough: Judicial Review and Article 50: Some Preliminary Issues

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Introduction There has been much debate on Article 50 TEU. More specifically, there have been thoughtful arguments about […]

Constitutional Law Group July 6, 2016 Europe, European Union, Judicial review, UK government, UK Parliament

Leah Trueblood: Referendums, Compromise, and Ratification

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Resolving any political question requires compromise. This is as true for constitutional questions as it is for questions […]

Constitutional Law Group July 5, 2016 Canada, Constitutional change, Europe, European Union, Scotland

Yossi Nehushtan: Why the EU Referendum’s Result Is not Morally-Politically Binding

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Thus far, while the UK is trying to comprehend the EU referendum’s result, there seems to be a […]

Constitutional Law Group July 5, 2016 Europe, European Union, UK Parliament

Patrick O’Brien: The Democratic Legitimacy of Changing Your Mind: A Response to Richard Ekins

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In his post of last week, Richard Ekins argues that political and legal elites should resist the urge […]

Constitutional Law Group July 5, 2016 Europe, European Union

Michael Doherty: Should Making False Statements in a Referendum Campaign Be an Electoral Offence?

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Oldham, 2010: In a closely fought election, where immigration was a central issue, the Labour candidate Phil Woolas […]

Constitutional Law Group July 4, 2016 Administrative law, Europe, European Union, Judicial review, UK government

Roger Masterman and Colin Murray: A House of Cards?

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The ability of the constitution of the United Kingdom to respond to the ebb and flow of political […]

Constitutional Law Group July 4, 2016 Europe, European Union, Northern Ireland, Scotland

Colin Harvey: Complex Constitutionalism in a Pluralist UK

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Constitutional Pluralism If constitutional pluralism is taken seriously, then the voters of the United Kingdom of Great Britain […]

Constitutional Law Group July 2, 2016 Europe, European Union, Northern Ireland, UK Parliament

T.T. Arvind, Richard Kirkham, and Lindsay Stirton: Article 50 and the European Union Act 2011: Why Parliamentary Consent Is Still Necessary

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Since the referendum, there has been a lively debate about the process for invoking Article 50 of the […]

Constitutional Law Group July 1, 2016 Europe, European Union, UK government, UK Parliament

Alison Young: Brexit, Article 50 and the ‘Joys’ of a Flexible, Evolving, Un-codified Constitution

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There has been a lot of speculation as to the meaning of the ‘constitutional requirements’ to trigger Article […]

Constitutional Law Group July 1, 2016 Constitutional reform, Europe, European Union, UK Parliament

Leonard Besselink: Beyond Notification: How to Leave the European Union without Using Article 50 TEU

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In legal terms, the referendum on EU membership in the UK is an advisory abrogative referendum. It needs […]

Constitutional Law Group June 30, 2016 England, Europe, European Union, Northern Ireland, Scotland, UK Parliament, Wales

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