Tag: Great Repeal Bill
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Merris Amos: Red Herrings and Reductions: Human Rights and the EU (Withdrawal) Bill
Introduction When Parliament resumes next week, the EU (Withdrawal) Bill will be entering its Committee stage in the House of Commons. Whilst a variety of issues were raised during the Second Reading debates, the treatment of the EU Charter of Fundamental Rights caused particular concern. The purpose of this post is to clarify the status…
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Mark Elliott and Stephen Tierney: House of Lords Constitution Committee Issues Interim Report on the EU (Withdrawal) Bill
In an interim report on the European Union (Withdrawal) Bill, the House of Lords Constitution Committee has said that the “political, legal and constitutional significance of the Bill is unparalleled”. In this post, Mark Elliott and Stephen Tierney examine the main points made in the report and comment on the key issues raised by it.…
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Kenneth Campbell QC: Henry VIII Comes to Scotland, Wales and Northern Ireland, and Other Devolution Questions in the EU (Withdrawal) Bill
Introductory As the ‘Great Repeal Bill’ of rhetoric becomes the European Union (Withdrawal) Bill of reality, the scale of the task facing Parliament – predicted by academic and practitioner commentators – is made evident. Mark Elliott and Tobias Lock have each produced commendably thorough introductions to the Bill, and there are a number of themes…
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Tarun Khaitan: A Constitution Protection Clause for the Great Repeal Bill?
Scope: Extensive provisions for Henry VIII powers in the European Union (Withdrawal) Bill 2017 (hereinafter, the “Repeal Bill”) have become predictably controversial. These powers are mainly found in clauses 7 (‘dealing with deficiencies arising from withdrawal’), 8 (‘complying with international obligations’) and 9 (‘implementing the withdrawal agreement’). The scope of the power in clause 7…
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Jack Simson Caird: The European Union (Withdrawal) Bill: Constitutional Change and Legal Continuity
Cross-posted with the Constitution Unit blog. Nine months after Theresa May first announced that there would be a ‘Great Repeal Bill’, and three and a half months after triggering Article 50, the European Union (Withdrawal) Bill (EUW Bill) was published on 13 July 2017. The Bill is a complex mixture of constitutional change and legal…
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Colin Harvey and Daniel Holder: The Great Repeal Bill and the Good Friday Agreement – Cementing a Stalemate or Constitutional Collision Course?
Introduction – a perfect storm? As predicted, Brexit is proving to be profoundly destabilising for the peace process and the constitutional politics of Northern Ireland. An outcome that lacks the consent of the people of Northern Ireland (a majority voted to remain) is re-opening fundamental questions about future relationships across these islands. We argue that…
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K M Hayne: The ‘Great Repeal Bill’
In the White Paper published in February this year (“The United Kingdom’s exit from and new partnership with the European Union” Cm 9417), the very first point made was that the “Great Repeal Bill” will “remove the European Communities Act 1972 from the statute book and convert the ‘acquis’ – the body of existing EU law…
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Brian Christopher Jones: The Government’s Quandary: “Great”, or Ordinary, Repeal
The government would certainly prefer a “great” repeal, but they would be wise to make it an ordinary one. Four years ago I published an analysis piece in Public Law (April 2013) about the need to prevent political language in legislation, and especially in relation to statutory titles. In short, I could find little guidance…
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Elizabeth Campion: The Constitutional “Ripple Effect” of the European Union (Notification of Withdrawal) Act 2017
Miller and others v Secretary of State for Exiting the European Union [2017] UKSC 5 was highly anticipated as perhaps the most signficant constitutional case of this generation, stirring up such strong reactions that the judges of the Divisional Court who initially decided in favour of Ms. Miller were dubbed “Enemies of the People”. Two…
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Mark Elliott and Stephen Tierney: The ‘Great Repeal Bill’ and Delegated Powers
A good deal of the legal and constitutional interest generated by Brexit has so far, perhaps unsurprisingly, focussed upon the very beginning of the withdrawal process. Initially, all eyes were on the courts, with the Supreme Court holding in R (Miller) v Secretary of State for the European Union [2017] UKSC 5 that the Article…