Kyle Murray: Putting Parliament in Its Place: The Pro-Brexit, Democratic Case for a Second Brexit Referendum
I am a Brexiteer. I am also a democrat (indeed for me the two are very much connected). In this post, I argue that despite mainstream protests to the contrary, … Continue reading
Robert Craig: Judicial Review of Advice to Prorogue Parliament
In a recent Times article, Lord Pannick QC – leading Counsel in the Miller litigation – argues that if a Prime Minister were to advise HMQ to prorogue parliament to … Continue reading
Yossi Nehushtan: The Unreasonable Perception of Rationality and Reasonableness in UK Public Law
In the recent case of R (Campaign Against Arms Trade) v Secretary of State for International Trade [2019] (hereinafter CAAT), the Court of Appeal invalidated the UK government’s decision to grant … Continue reading
Sam Fowles: Can the Prime Minister Prorogue Parliament to Deliver a No Deal Brexit?
In recent days certain government backbenchers have proposed a new avenue to deliver a “no deal” Brexit. As Sir Edward Leigh put it: “There are only two choices … Continue reading
Eleni Frantziou: Administrative Formalities and Collective Disenfranchisement: The Situation of EU Citizens in the UK #DeniedaVote during the European Parliament Elections 2019
Political attention over the last few days has shifted towards the composition of the newly elected European Parliament, leaving largely to one side reports that EU citizens were denied a … Continue reading
Richard Ekins: Representative Politics and the Limits of Law
This is the first of a series of posts in which Richard Ekins reflects upon Lord Sumption’s Reith Lectures. In his second Reith lecture, “In Praise of Politics”, broadcast on … Continue reading
Mark Elliott and Stephen Tierney: The House of Lords Constitution Committee Reports on Parliamentary Scrutiny of Treaties
The topic of parliamentary scrutiny of the making of treaties could hardly be more topical, given the role that Parliament is currently playing in relation to the Withdrawal Agreement that … Continue reading
Stephanie Reynolds: Brexit and the (Not Quite) Constitutionalised Status of EU Citizenship
Since its formal introduction in the Maastricht Treaty, EU citizenship has laid claim to a constitutional status. The Union Treaties – long described by the Court of Justice as the … Continue reading
Alison Young: Taking (Back) Control?
In his insightful post, David Howarth set out a conflict between two visions of democracy: Westminster and Whitehall. The Westminster vision favours Parliament (particularly the House of Commons), drawing on … Continue reading
Joseph Crampin: Precedent for Delaying Royal Assent: A Response to Professor Finnis
The ‘Cooper-Letwin Act’ (European Union Withdrawal (No 5) Act 2019) may yet come to be known as the constitutional crisis that wasn’t. But, the advocacy by some of the Government’s … Continue reading
