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 … Continue reading
Mark Elliott and Stephen Tierney: The House of Lords Constitution Committee Reports on Parliamentary Scrutiny of Treaties
The topic of parliamentary scrutiny of the making of treaties could hardly be more topical, given the role that Parliament is currently playing in relation to the Withdrawal Agreement that … Continue reading
Stephanie Reynolds: Brexit and the (Not Quite) Constitutionalised Status of EU Citizenship
Since its formal introduction in the Maastricht Treaty, EU citizenship has laid claim to a constitutional status. The Union Treaties – long described by the Court of Justice as the … Continue reading
Menelaos Markakis: A Trojan Horse in the EU? The Curious Case of the EU27+1
The EU27 have agreed to grant the extension requested by the Prime Minister, the terms of which need not be repeated here. Suffice it to say for present purposes that … Continue reading
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Article 50 notification, the UK Government and Parliament consistently have failed to recognise that even if EU law is no longer applicable … Continue reading
Robert Craig: Why Royal Consent Is Required for the Proposed Article 50 Extension Bill
I wrote recently on this blog about the issue of Royal Assent. This post concerns the wholly separate issue of Royal Consent which is a requirement for those rare Bills … Continue reading
Michael-James Clifton: Parliament’s Role in Withdrawing from the EEA, and Difficulties in Ratifying the EEA EFTA Separation Agreement
Introduction The importance and role of the European Economic Area (EEA) Agreement has often been overlooked. Yet, as the UK exits the European Union, the question of the UK’s desired … Continue reading
Jack Simson Caird and Ellis Paterson: Could the UK Courts Disapply Domestic Legislation to Enforce the Protocol on Ireland and Northern Ireland?
If the Withdrawal Agreement is approved, then Parliament will be asked to legislate to give domestic legal effect to its content through the EU (Withdrawal Agreement) Bill. One of the … Continue reading
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 … Continue reading
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 … Continue reading
