Tag: Brexit Withdrawal Agreement
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Kacper Majewski: Re Allister: The End of ‘Constitutional Statutes’?
On 8 February, the Supreme Court handed down its unanimous judgment in Re Allister [2023] UKSC 5. What follows is an attempt to clarify the judgment’s significance for the doctrine of constitutional statutes, as first canvassed by Laws LJ in Thoburn v Sunderland City Council [2002] EWHC 195 (Admin). I think that the Court’s remarks in Re Allister can be read…
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Jeff King and Stephen Tierney: The House of Lords Constitution Committee reports on the United Kingdom Internal Market Bill
The United Kingdom Internal Market Bill is something of an imperfect storm, provoking the ire both of the devolved authorities who consider it an unacceptable circumscription of devolved competence and those aghast that the Bill empowers ministers to act contrary to the UK’s international obligations. Today the Constitution Committee reports on the measure and doesn’t…
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Ciaran White and Frank Costello: Allowing Northern Ireland residents to vote in future EU Parliamentary Elections: An ‘itsy-bitsy-teeny-weeny-yellow-polka-dot’ proposal
The UK-EU negotiations on the final shape of the future relationship between them are reaching a crescendo as the deadline of 31 December 2020, which the s33 of the EU Withdrawal Act 2020 does not permit to be extended, approaches. However, whatever outcome those negotiations reach, Northern Ireland’s relationship with the EU will continue to…
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Oliver Garner: A Barrier against the new incoming tide? The UK Internal Market Bill and Dispute Resolution under the Withdrawal Agreement and the Protocol on Ireland/Northern Ireland
Brexit déjà vu On 14 September 2020, the United Kingdom Internal Market Bill (‘UKIMB’ or ‘the Bill’) passed at Second Reading in the House of Commons. The political tension caused by the UK government’s attempt to switch off the direct effect of the Withdrawal Agreement in its Internal Market Bill bears a striking similarity to…
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Lisa Claire Whitten: The Belfast ‘Good Friday’ Agreement and Unconstructive Ambiguity
Speaking in the House of Commons, the Prime Minister described the controversial provisions of the UK Internal Market (UKIM) Bill as a “legal safety net” to protect “the Northern Irish peace process and the Good Friday Agreement” against “extreme” implementation of the Ireland/Northern Ireland Protocol (the Protocol) contained in the UK-EU Withdrawal Agreement that he…
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Theodore Konstadinides and Riccardo Sallustio: Clause 26 of the European Union (Withdrawal Agreement) Bill 2019-20: An Exercise of Constitutional Impropriety?
The European Union (Withdrawal Agreement) Bill 2019-20 will pave the way for the UK to ratify the UK-EU Withdrawal Agreement and thus depart from the European Union (EU) soon thereafter, having received its third reading in the House of Commons just last week. This contribution examines certain major consequences deriving from the Bill becoming law…
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Jeff King and Stephen Tierney: The Constitution Committee Reports on the European Union (Withdrawal Agreement) Bill
The European Union (Withdrawal Agreement) Bill will make no further progress before the general election. The Bill is however of potentially huge constitutional significance, and a new government could well look to pass it quickly. It was therefore imperative that it be subjected to parliamentary scrutiny in the short period between its forestalled second reading…
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Anthony Arnull: The European Union (Withdrawal Agreement) Bill
The European Union (Withdrawal Agreement) Bill is intended to give effect in the UK to the Withdrawal Agreement (WA) agreed by the UK with the EU-27 on 1 October 2019. The Bill received its second reading on 22 October 2019 and is currently in ‘limbo’ pending the start of the committee stage. If and when…
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Mike Gordon: The European Union (Withdrawal Agreement) Bill: Parliamentary Sovereignty, Continuity and Novelty
The European Union (Withdrawal Agreement) Bill is a highly complex piece of draft legislation. It interacts with the (revised draft) EU Withdrawal Agreement, existing domestic law, in particular the European Communities Act 1972 and the European Union (Withdrawal) Act 2018, and a number of UK constitutional principles. It will have important implications in defining the…
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Daniel Halberstam: EU Brexit Litigation: A Short Guide to the Perplexed
Given Boris Johnson’s explicit vow that he’d rather “be dead in a ditch” than ask Brussels for an extension, and his consiglieri’s statement that the government would “scupper” any extension by refusing to negotiate because the “duty of sincere cooperation will be down the toilet,” one might be forgiven for thinking that the Government’s strategy—despite…