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
Stephen Laws: Why a Money Resolution with Queen’s Recommendation Is Required for a Bill for the Postponing or Cancelling of “Exit Day”
In a post on this blog yesterday, Andrew Denny argued that I was wrong to suggest that a money resolution, with Crown recommendation, would be needed under the Standing Orders … Continue reading
Andrew Denny: Would a Bill Seeking an Article 50 Extension Require a Money Resolution Proposed by the Government?
Introduction The on-going constitutional laboratory experiment that is Brexit has now turned to the question of whether a bill proposed by a backbench MP can be passed into law against … Continue reading
Introduction The possibility of extending the Article 50 process is being discussed in media outlets and social media. There are a number of potential scenarios where a short extension might … Continue reading
On 26 June 2018, after nearly a year of deliberation by Parliament, the European Union (Withdrawal) Act 2018 (the “Act”) received royal assent. It is a statute of profound importance … Continue reading
In an earlier posting I intimated that the initial divide between EU measures that should be regarded as primary legislation post-Brexit and those that should be regarded as secondary measures … Continue reading
In his latest blog on the European Union (Withdrawal) Bill, Paul Craig criticises the recommendation of the House of Lords Constitution Committee (“HLCC”), at paras 70 and 93, that all … Continue reading
In a previous post I set out some suggestions concerning the status of EU law in the UK post-Brexit. I do not wish to repeat the arguments advanced earlier. I … Continue reading
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 … 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