Category: European Union
-
Philip Allott: The Problem of Direct Democracy: Brexit and the Tyranny of the Majority
The Brexit process has been a major event in British constitutional history, and in the history of constitutionalism in general. It originated in the positions taken by two Prime Ministers. David Cameron said that he was bound to hold a referendum because that commitment had been contained in the Conservative Party manifesto for the 2015…
-
Robert Craig: Can the Government Use the Royal Prerogative to Extend Article 50?
Introduction The possibility of extending the Article 50 process is being discussed in media outlets and social media. There are a number of potential scenarios where a short extension might be sought: to implement the Withdrawal Agreement in law to manage the process of a no deal Brexit to hold a general election to hold…
-
Dennis Dixon: Wightman and the General Interpretation of Article 50
The recent CJEU decision of Wightman v Secretary of State for Exiting the European Union [2018] 3 WLR 1965 interpreted Article 50 of the Treaty on European Union as giving the United Kingdom a unilateral right to revoke its notice of withdrawal from the EU. Academic comment has naturally turned to whether the decision was…
-
Chris McCorkindale and Aileen McHarg: Continuity and Confusion: Towards Clarity? – The Supreme Court and the Scottish Continuity Bill
Introduction The Supreme Court has now handed down its judgment in The UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill – A reference by the Attorney General and the Advocate General for Scotland. The Bill marked a series of firsts: a consequence of the first UK statute to be passed notwithstanding the refusal…
-
Aris Georgopoulos: Revoking Article 50 TEU (C-621/18 Wightman and others): “Iphigenia Must Reach the Altar”
The CJEU’s ruling in C-621/18 Wightman and others clarifying that Member States can unilaterally revoke the withdrawal notification of Article 50 (2) TEU, is bound to have repercussions; in the case of Brexit and beyond. In this piece I present my initial thoughts about the ruling and its possible legal and political implications. I argue…
-
Kenneth Armstrong: The Advent of Brexit – Can It Be Paused?
As each day passes, a new window seems to be thrown open exposing fresh legal issues to be solved as the UK continues its journey towards its withdrawal from the European Union. It’s like opening an advent calendar for lawyers. On Monday 10 December, the Court of Justice of the European Union in its Wightman…
-
Gavin Phillipson and Alison L. Young: Wightman: What Would Be the UK’s Constitutional Requirements to Revoke Article 50?
Today the Court of Justice of the European Union delivered its judgment in Wightman. This followed the opinion of Advocate General Campos Sánchez-Bordona, concluding that the UK may unilaterally revoke its notification of its intention to leave the EU. In a similar manner to the AG, the CJEU placed conditions on this unilateral revocation. A…
-
Ciaran White: Northern Ireland Workers’ Rights and the Draft Withdrawal Agreement: The Quasi-Constitutional Entrenchment of EU-derived Labour Law Rights
Northern Ireland employment law is a devolved issue and its statute book has always been largely distinct and separate from that applicable in GB. This always had the potential to allow for NI-specific protections of EU-derived labour law rights post-Brexit, as I have suggested on other occasions. Had there been political consensus in the Northern…
-
Robert Craig: What Happens Constitutionally If the Draft Withdrawal Agreement Is Voted Down?
Now that a draft withdrawal agreement has been settled with the European Commission, the next step is a ‘meaningful vote’ in the House of Commons pursuant to s 13 European Union Withdrawal Act (‘EUWA’) which I analysed recently on this blog with Gavin Phillipson. This post seeks to explore what the Prime Minister might do…
-
Weekly round-up of events
This week’s event announcements include: The Role of National Constitutions in European and Global Governance, Goodenough College, London, 26-27 November 2018 Transnational Counter-Terrorism: The Urgent Need for Constitutionalist Attention, Current Legal Problems lecture, UCL, 29 November 2018 ~~~ The Role of National Constitutions in European and Global Governance Monday 26 November 2018 (all day) and…