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
Alison Young: Taking (Back) Control?
In his insightful post, David Howarth set out a conflict between two visions of democracy: Westminster and Whitehall. The Westminster vision favours Parliament (particularly the House of Commons), drawing on … Continue reading
John Finnis: Royal Assent – A Reply to Mark Elliott
I agree with Mark Elliott in finding my April 1 argument about prorogation and assent astonishing and monstrous, once the argument’s important premises have been omitted, as he has omitted … Continue reading
Ewan McGaughey: What Is Needed in Our Constitution to Revoke Article 50?
Professors Gavin Phillipson and Alison Young have argued on this blog that an Act of Parliament is needed to revoke article 50. An alternative view is that, while an Act … Continue reading
Alexandra Sinclair and Joe Tomlinson: Brexit, Primary Legislation, and Statutory Instruments: Everything in Its Right Place?
Legislation to enable Brexit is progressing through Parliament. This includes the Immigration and Social Security Bill, the Fisheries Bill, the Financial Services (Implementation of Legislation) Bill, and the Healthcare (International … Continue reading
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 … 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
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
