Tag: Bancoult
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Stephen Tierney: Prorogation and the Courts: A Question of Sovereignty
The request made by the Privy Council that the Queen prorogue Parliament was a clumsy and inappropriate attempt to shorten the time available for parliamentary scrutiny of the Brexit process. That much seems clear from papers submitted to the Court of Session in Cherry. It is therefore no surprise that the Inner House was receptive…
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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 given the EU won’t change the deal and there’s no chance of parliament passing it. One is cancel Brexit: an intolerable denial of democracy. The…
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Robert Craig: Zombie Prerogatives Should Remain Decently Buried: Replacing the Fixed-term Parliaments Act 2011 (Part 1)
Editors’ note: This is the first part of a two-part contribution. The second part will be posted tomorrow. Part 1: Would the prerogative be revived? I In the light of widespread dissatisfaction with the Fixed-term Parliaments Act 2011 (‘FTPA’), the Conservative party manifesto states, at page 43, “We will repeal the Fixed-term Parliaments Act”. This…
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Thomas Poole: Losing our Religion? Public Law and Brexit
Prerogative is the enemy of the people. This has been settled as matter of law for a very long time. The constitutional settlement of 1688 made a decision for responsible and representative government. We have had no constitutional moment of similar magnitude since. All constitutional changes – some very significant – have taken place within…
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Campbell McLachlan QC: The Foreign Affairs Treaty Prerogative and the Law of the Land
A central plank in the reasoning of the Divisional Court in R (Miller) v Secretary of State for Exiting the European Union [2016] EWHC 2768 at [96] is that ‘Absent such authority from the ECA [European Communities Act] 1972 or other statutes, the Crown cannot through the exercise of its prerogative powers alter the domestic…
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John Adenitire: The Executive Cannot Abrogate Fundamental Rights without Specific Parliamentary Mandate – The Implications of the EU Charter of Fundamental Rights for Triggering Art 50
Legal action has been initiated against the UK Government to compel it to seek authorisation from Parliament before it can trigger Art 50. Various suggestions have been put forward as to how such legal action should be framed. This post argues that the most compelling case for mandatory Parliamentary Mandate for triggering Art 50 is…