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Court of Justice of the European Union

Liora Lazarus: Do Human Rights Impede Effective Counterterrorism?

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Theresa May and Keir Starmer disagree about whether human rights impede effective counterterrorism.  Both bring experience at the […]

Constitutional Law Group June 15, 2017 Human rights, Judicial review, UK government

Thomas Horsley: UK Courts and the Great Repeal Bill – Awaiting Fresh Instruction

The UK Government’s announcement that it intends to repeal the European Communities Act 1972 (ECA) through the Great […]

Constitutional Law Group February 28, 2017 Europe, European Union, Human rights, UK government, UK Parliament

Philip Allott: Taking Stock of the Legal Fallout from the EU (Notification of Withdrawal) Act 2017

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Some of the accumulated noxious legal dust will now settle with the enacting of the grossly mistitled EU […]

Constitutional Law Group February 2, 2017 Europe, European Union, UK government, UK Parliament

Thomas Raine: The CJEU and Data Retention: A Critical Take on the Watson Case

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In Joined Cases C-203/15 and C-698/15 Secretary of State for the Home Department v Watson, the Court of […]

Constitutional Law Group January 16, 2017 European Union, Human rights

Stijn Smismans: About the Revocability of Withdrawal: Why the EU (Law) Interpretation of Article 50 Matters

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In the Miller case the High Court of England and Wales did not question the parties’ common understanding […]

Constitutional Law Group November 29, 2016 Europe, European Union, International law, UK government, UK Parliament

Aris Georgopoulos: (Un)Crossing the Rubicon: Why the Supreme Court Should Not Refer a Question Regarding the Revocability of Article 50 to the ECJ

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On 3 November the High Court issued its long awaited judgement in R (Miller) v Secretary of State […]

Constitutional Law Group November 17, 2016 Europe, European Union, Judicial review, UK government, UK Parliament

Mikolaj Barczentewicz: The Supreme Court Should Not Refer to the EU Court of Justice on Article 50

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One of the most discussed aspects of the forthcoming appeal in the Article 50 litigation is the issue […]

Constitutional Law Group November 11, 2016 Europe, European Union, Judicial review, Judiciary, UK government, UK Parliament

Richard Lang: The Article 50 Litigation and the Court of Justice: Why the Supreme Court Must Refer

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I’m glad if it was the Lord Chief Justice’s concern about the reversibility or otherwise of the Article […]

Constitutional Law Group November 8, 2016 Comparative law, Europe, European Union, Judicial review, UK government, UK Parliament

Aurel Sari: Biting the Bullet: Why the UK Is Free to Revoke Its Withdrawal Notification under Article 50 TEU

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‘There is no going back.’ These were the words of Lord Pannick, uttered before the High Court in […]

Constitutional Law Group October 17, 2016 Europe, European Union, International law, Judicial review, UK government, UK Parliament

Sionaidh Douglas-Scott: The ‘Great Repeal Bill’: Constitutional Chaos and Constitutional Crisis?

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On October 2, Theresa May set out plans for a ‘Great Repeal Bill’ to be included in the […]

Constitutional Law Group October 10, 2016 Constitutional reform, Devolution, Europe, European Union, Scotland, UK government, UK Parliament, Wales

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