Tag: European Union (Withdrawal Agreement) Act 2020
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Stephanie Reynolds: Playing Politics So the UKSC Doesn’t Have To: The CJEU Ruling in Case C-709/20 CG v Department for Communities in Northern Ireland
In its recent CG judgment, the EU’s Court of Justice held that it was lawful for Universal Credit Regulations to stipulate that EU citizens do not, by virtue of pre-settled status, have a ‘right to reside’ in the UK for the purposes of accessing Universal Credit. Since the right to reside test is an eligibility…
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Carwyn Jones: Is Dicey dicey?
For nearly a hundred and fifty years, parliamentary sovereignty or supremacy (the terms are used interchangeably) has been taken as immutable and unchanging by the UK Parliament and the courts. As devolution has developed, the concept deserves greater examination to see whether the concept is as sound as it has been supposed. There is nothing…
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David Feldman: Departing from Retained EU Case law
The Issue Following the end of the UK’s transition period for withdrawing from the EU, the status of earlier case law on retained EU law is somewhat complicated. Section 6(3) and (4)(a) and (b) of the European Union (Withdrawal) Act 2018, as amended by the European Union (Withdrawal Agreement) Act 2020, provides that the Supreme…
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Pavlos Eleftheriadis: The Constitutional Status of ‘Separation Law’
The European Communities Act 1972 caused an important and beneficial transformation to the British constitutional settlement. It made clear that some acts of Parliament have higher legal significance than others. This was recognised by the British courts in the case of Factortame. Many scholars believe that this was a legal ‘revolution’. I disagree. A better…