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European Union (Withdrawal) Act 2018

Michael-James Clifton: Parliament’s Role in Withdrawing from the EEA, and Difficulties in Ratifying the EEA EFTA Separation Agreement

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Introduction The importance and role of the European Economic Area (EEA) Agreement has often been overlooked. Yet, as […]

Constitutional Law Group February 21, 2019 Europe, European Union, UK government, UK Parliament

Jack Simson Caird and Ellis Paterson: Could the UK Courts Disapply Domestic Legislation to Enforce the Protocol on Ireland and Northern Ireland?

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If the Withdrawal Agreement is approved, then Parliament will be asked to legislate to give domestic legal effect […]

Constitutional Law Group February 19, 2019 Europe, European Union, Northern Ireland, UK government, UK Parliament

Stephen Laws: Why a Money Resolution with Queen’s Recommendation Is Required for a Bill for the Postponing or Cancelling of “Exit Day”

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In a post on this blog yesterday, Andrew Denny argued that I was wrong to suggest that a […]

Constitutional Law Group January 29, 2019 Europe, European Union, UK government, UK Parliament

Andrew Denny: Would a Bill Seeking an Article 50 Extension Require a Money Resolution Proposed by the Government?

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Introduction The on-going constitutional laboratory experiment that is Brexit has now turned to the question of whether a […]

Constitutional Law Group January 28, 2019 Europe, European Union, UK government, UK Parliament

Robert Craig: Could the Government Advise the Queen to Refuse Royal Assent to a Backbench Bill?

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Introduction As is well known, the Government’s Withdrawal Agreement was voted down in Parliament last week by 230 […]

Constitutional Law Group January 22, 2019 Europe, European Union, UK government, UK Parliament

Robert Craig: Can the Government Use the Royal Prerogative to Extend Article 50?

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Introduction The possibility of extending the Article 50 process is being discussed in media outlets and social media. […]

Constitutional Law Group January 9, 2019 Europe, European Union, Judicial review, UK government, UK Parliament

Chris McCorkindale and Aileen McHarg: Continuity and Confusion: Towards Clarity? – The Supreme Court and the Scottish Continuity Bill

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Introduction The Supreme Court has now handed down its judgment in The UK Withdrawal from the European Union […]

Constitutional Law Group December 20, 2018 Devolution, Europe, European Union, Scotland, UK government, UK Parliament

Aris Georgopoulos: Revoking Article 50 TEU (C-621/18 Wightman and others): “Iphigenia Must Reach the Altar”

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The CJEU’s ruling in C-621/18 Wightman and others clarifying that Member States can unilaterally revoke the withdrawal notification […]

Constitutional Law Group December 17, 2018 Europe, European Union, UK government, UK Parliament

Gavin Phillipson and Alison L. Young: Wightman: What Would Be the UK’s Constitutional Requirements to Revoke Article 50?

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Today the Court of Justice of the European Union delivered its judgment in Wightman. This followed the opinion […]

Constitutional Law Group December 10, 2018 Europe, European Union, UK government, UK Parliament

Robert Craig and Gavin Phillipson: Could the ‘Meaningful Vote’ End up in Court?

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One of the most controversial issues during the passage of the European Union (Withdrawal) Act 2018 (‘EUWA’) was […]

Constitutional Law Group October 24, 2018 Europe, European Union, Judicial review, UK government, UK Parliament

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