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
Mike Gordon: Parliamentary Sovereignty and the Implementation of the EU Withdrawal Agreement (Part II)
Editors’ note: This is the second part of a two-part contribution. The first part can be found here. Part one of this blog post considered the constitutional challenge potentially posed … Continue reading
Mike Gordon: Parliamentary Sovereignty and the Implementation of the EU Withdrawal Agreement (Part I)
Editors’ note: This is the first of a two-part contribution. The second part will be posted tomorrow. The Brexit process continues to generate challenges for law, government and the constitution … Continue reading
Paul Daly: EU Law in the UK after Brexit: EU Nationals’ Rights and a Transitional Period
With white smoke emerging from Berlaymont, and the UK and EU ready to move to Stage 2 of the Article 50 negotiations, it is time for UK public lawyers to … Continue reading
Thomas Fairclough: Privacy International: Constitutional Substance over Semantics in Reading Ouster Clauses
I have previously written on this blog and elsewhere about statutory interpretation and the rule of law. In the previous blog post I stated that the idea “that the courts … Continue reading
Raj Desai: Miller and the Flexibility of the UK Constitution
The Government placed considerable reliance on the flexibility of the UK constitution in its appeal to the Supreme Court in Miller, urging that this flexibility be employed to take full … Continue reading
Colin Harvey: Northern Ireland’s Transition and the Constitution of the UK
Constitutional Law in Context Context matters in law. Northern Ireland has a devolved executive and legislature; but the constitutional transition should not be viewed exclusively as a tale of devolution … Continue reading
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 … Continue reading
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 … Continue reading
Mark Elliott and Hayley J. Hooper: Critical reflections on the High Court’s judgment in R (Miller) v Secretary of State for Exiting the European Union
The judgment of the High Court in R (Miller) v Secretary of State for Exiting the European Union [2016] EWHC 2768 (Admin), decided on 3 November 2016, has been subjected to … Continue reading
