Tag: Constitutional Reform and Governance Act 2010
-
Ben Yong: The Civil Service: A Public Good, Not the Enemy Within
Reform Party MP Danny Kruger is concerned. The UK, he says, has ‘a bloated, paralysed centre of government and a mutinous bureaucracy’; and that ‘Real power is held not by the elected government but by the permanent Civil Service’. So he has set out some proposed changes for the civil service should Reform become the…
-
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 the UK Government is seeking to enter into with the European Union. That role arises from section 13 of the European Union (Withdrawal) Act 2018…
-
Sam Fowles: Extending Article 50 – Key Legal Issues
With the second defeat of Theresa May’s Withdrawal Agreement, the subsequent vote to reject a “no-deal” Brexit, and the proposed votes today to extend the Art. 50 period, we must consider the legal practicalities of such an extension. Art. 50(2) provides that, once a state has submitted a notification that it intends to leave the…
-
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 relationship with not only the EU27 but also the EEA30 has never been more live. In a previous blog post I argued that the UK…
-
Sam Fowles: The Trade Bill 2018: A Step Towards Parliamentary Control of Treaty Making?
The Trade Bill 2017-19, currently undergoing its second reading in the House of Lords, marks a significant step in the evolution of the UK’s constitution in that it gives Parliament a greater say in the making of international trade agreements (“ITA”) than ever before. Constitutional law and international trade are rarely spoken of in the…
-
Jack Simson Caird: Parliament and the Withdrawal Agreement: The “Meaningful Vote”
Since the UK Government began negotiations over the withdrawal agreement under Article 50, questions have been raised about how Parliament will approve and implement the final agreement. The Government’s stated position has long been that Parliament will have the opportunity to approve the final agreement through a motion “to be voted on by both Houses…
-
Jeff King: May’s Gambit
Theresa May has deftly launched a gambit to get around the core purpose of the Fixed Term Parliaments Act 2011 – and all signs are that it will succeed without delay. The purpose of that Act (for a tidy summary of resources see here) was to stop prime ministers from calling an election at a…
-
Robert Craig: Report of Proceedings: Miller v Secretary of State for Exiting the European Union, Supreme Court, Day 3
Introduction This post aims to summarise the highlights of the Supreme Court (SC) hearing on Day 3 (7 December 2016) of the hearings in the Miller v Secretary of State for Exiting the European Union case. As mentioned in previous posts, and as with the reports on the High Court (HC), this report will not…
-
Robert Craig: Report of Proceedings: Miller v Secretary of State for Exiting the European Union, Supreme Court, Day 2
Introduction This post aims to summarise the highlights of the Supreme Court hearing on 6 December 2016. As mentioned yesterday, as with the reports on the High Court, this report will not be comprehensive. This is because those with the most interest in the case will have watched online or read the transcript. There is…
-
Robert Craig: Report of Proceedings: Miller v Secretary of State for Exiting the European Union, Supreme Court, Day 1
Introduction This post aims to summarise the highlights of the Supreme Court hearing on 5 December 2016. Unlike the reports on the High Court, this report will not be comprehensive. This is because those with the most interest in the case will have watched online or read the transcript. There is also the Supreme Court…