Tag: Implied Repeal
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Edmund Robinson: Re Allister and the entrenchment ‘road not taken’: A rejoinder to Kacper Majewski
Kacper Majewski has written an excellent, thought-provoking, piece on the subject of constitutional statutes, in light of the Re Allister UK Supreme Court ruling. The UKSC may, he argues, have effectively rendered the ‘constitutional statute’ concept ‘legally redundant’. This may be correct, and there is certainly support for that position within the decision, but it is important to complete the…
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Gavin Creelman: The Relevance of Thoburn to the Article 50 “Trigger” Debate
In the weeks following the EU referendum result, a number of key constitutional questions have emerged. Central among these has been the issue of how the process of withdrawal from the EU provided by Article 50 of the Treaty on European Union (“TEU”) may be “triggered”. In particular, the debate has focussed on whether the…
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Thomas Adams: Wade’s Factortame
William Wade’s analysis of the second Factortame case ((1996) 112 Law Quarterly Review 568) is well known, and justly so. The facts, too, require little in the way of rehearsal. Briefly, and simplifying somewhat: the House of Lords, as it was then known, decided in 1990 to ‘disapply’ a 1988 statute of the UK Parliament…
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Adam Perry and Farrah Ahmed: Are Constitutional Statutes ‘Quasi-Entrenched’?
The Supreme Court issued its decision in H v Lord Advocate (pdf) in 2012. The decision has been virtually ignored by constitutional scholars, but we believe it may be of great constitutional significance. In this post we explain why, starting with some background about constitutional statutes. Commentators have lately considered how constitutional statutes should be…