Category: European Union
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Jeff King: Can Royal Assent to a Bill Be Withheld If So Advised by Ministers?
An article in the Sunday Times by Professor Richard Ekins and Sir Stephen Laws QC advised that the Monarch could withhold Royal Assent to a bill passed if advised to do so by ministers. Robert Craig has also argued for that position in a blog post, making clear why in his view that is the…
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Robert Craig: Executive Versus Legislature in the UK – A Response to Mark Elliott and Tom Poole
For constitutional lawyers, the Brexit Santa Claus has shimmied down the chimney once again. This post is a response to Mark Elliott who recently commented on an article by John Finnis in the Telegraph. It also briefly addresses some of the points in a piece in the London Review of Books by Tom Poole published…
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Stefan Theil: Unconstitutional Prorogation
Parliament voted on the evening of 1 April in a series of indicative votes to determine what, if any, alternative plan for withdrawal from the European Union could command the support of the House of Commons: all plans put forward again failed to command a majority. In a recent intervention, John Finnis has suggested that…
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Ewan McGaughey: What Is Needed in Our Constitution to Revoke Article 50?
Professors Gavin Phillipson and Alison Young have argued on this blog that an Act of Parliament is needed to revoke article 50. An alternative view is that, while an Act may be desirable, it is not necessary. This is still an important issue because on Wednesday 27th of March 2019, 184 votes in the House…
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Richard Lang: Consequences of the Extension Deal: A Reply to Professor Allott
I would like to thank Professor Allott for his fascinating post, ‘Unexpected Denouement’. The UK Remains in the EU by Mistake. The Brexit Saga Could Run and Run’ from Tuesday. I just wanted to be advocatus diaboli on a couple of points, although some extremely able advocates, commenting below the original post, should also be…
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Philip Allott: Unexpected Denouement. The UK Remains in the EU by Mistake. The Brexit Saga Could Run and Run
The two-year time-limit in Article 50 of the Treaty on European Union has come and gone. It is now possible that no withdrawal agreement between the European Council and the UK will be concluded. This means that the UK would leave the EU in catastrophic circumstances on April 12. An interesting final irony would be…
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Alexandra Sinclair and Joe Tomlinson: Brexit, Primary Legislation, and Statutory Instruments: Everything in Its Right Place?
Legislation to enable Brexit is progressing through Parliament. This includes the Immigration and Social Security Bill, the Fisheries Bill, the Financial Services (Implementation of Legislation) Bill, and the Healthcare (International Arrangements) Bill. One curious aspect of this raft of new law is that, at the same time these Bills are making their way through Parliament,…
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Weekly round-up of events
This week’s event announcement is below. ~~~ ICON-S British-Irish Chapter 2019 Annual Conference The United Kingdom’s Withdrawal from the European Union (?) Domestic and European Constitutional Implications Download the Full Programme Here (pdf) University of Strathclyde, 24 – 25 April 2019 The UK’s decision to withdraw from the EU involves a major change to –…
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Kasey McCall-Smith: The Realities of Being Global: Treaty Law and Brexit
Throughout the two years of Brexit debates following Article 50 notification, the UK Government and Parliament consistently have failed to recognise that even if EU law is no longer applicable after Brexit, the UK is still bound to a broad gamut of rules under international law. Apparently attempting to appease Brexiteers, on 11 March Theresa…
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Sam Fowles: Extending Article 50 – Key Legal Issues
With the second defeat of Theresa May’s Withdrawal Agreement, the subsequent vote to reject a “no-deal” Brexit, and the proposed votes today to extend the Art. 50 period, we must consider the legal practicalities of such an extension. Art. 50(2) provides that, once a state has submitted a notification that it intends to leave the…