Tag: acquired rights
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Mikolaj Barczentewicz: Consequences of the High Court’s Reasoning in the Article 50 Judgment: EU Law-making Unlawful
Introduction In its judgment in Miller (the Article 50 litigation), the High Court had no doubts that it was defending constitutional orthodoxy. The issue at stake was that of the limits of executive action in the international sphere when this has consequences in UK law. The Court relied on the principle that the crown cannot…
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John Finnis: Terminating Treaty-based UK Rights
Editors’ note: This is cross-posted from the Judicial Power Project website and forms the main part of a short paper published today by the Project. Oral argument in the Brexit Case in the Administrative Court last week left an easy case looking a bit difficult. It allowed Lord Pannick QC, for the lead claimant, to…
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Robert Craig: Report of Proceedings: Miller v Secretary of State for Exiting the European Union, Day 3
Day 3 started at 10.30am on 18 October 2016. James Eadie QC continued his submissions followed by Jason Coppel QC for the Government. Lord Pannick then replied followed by Dominic Chambers QC, Helen Mountfield QC, Patrick Green QC and Manjit Gill QC. Mr Coppel QC then briefly replied to the replies. The court rose at…
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Robert Craig: Report of Proceedings: Miller v Secretary of State for Exiting the European Union, Day 2
Editors’ note: For a report on the first day of proceedings, please see here. Introduction The second day of proceedings in the Miller case started at 9.45am as scheduled following the swearing in of a new judge of the High Court. Three QCs appeared for the remaining Claimants: Helen Mountfield QC, Patrick Green QC and…
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Sionaidh Douglas-Scott: What Happens to ‘Acquired Rights’ in the Event of a Brexit?
Two recent UK Constitutional Law Association blogs (see here and here) have highlighted the importance of rights in the context of the UK’s referendum on EU membership, and indeed within EU law more generally. However, one area of EU rights law where there still exists little information is that of acquired rights. In spite of…