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 … Continue reading
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 … Continue reading
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 … Continue reading
Thomas Horsley: UK Courts and the Great Repeal Bill – Awaiting Fresh Instruction
The UK Government’s announcement that it intends to repeal the European Communities Act 1972 (ECA) through the Great Repeal Bill raises the prospect of far-reaching changes to the institutional role … Continue reading
Alex Peplow: Withdrawal from the ECHR after Miller – A Matter of Prerogative?
Does the decision of the Supreme Court in the case of R (on the application of Miller) v Secretary of State for Exiting the European Union [2017] UKSC 5 affect … Continue reading
Tobias Lock and Tom Gerald Daly: Brexit and the British Bill of Rights: Capturing Constitutional Complexity
Euroscepticism – usually framed as an argument from national sovereignty – was an important driving force behind Brexit, but also serves as a key motivator behind efforts to reform domestic … Continue reading
David Scott: Miller, Sewel, and the Human Rights Act
Many celebrated Miller’s outcome, imposing a Parliamentary “brake” (however brief) on the triggering of Article 50. But the Supreme Court’s unanimous agreement on the devolution issues [129–151 for the majority; … Continue reading
Richard Clayton QC: New Directions for Article 10: Strasbourg Reverses the Supreme Court in Kennedy
The Supreme Court decision in Kennedy v Charity Commission was striking from many points of view. Mr Kennedy was a journalist frustrated by the way the Commission handled his allegations … Continue reading
Luke McDonagh: What Future for the Rule of Law and Human Rights in the New Populist Environment?
Introductions When I teach UK constitutional law to my students we often discuss the relationship between UK parliamentary sovereignty and the rule of law, and the tensions that inevitably occur … Continue reading
Alison Young: Towards an Expository Justice Approach to Human Rights Adudication?
The recent Supreme Court Case of R (Johnson) v Secretary of State for the Home Department, [2016] UKSC 56, appears at first glance to be a straightforward human rights claim. Lady Hale, … Continue reading
