John Finnis: Royal Assent – A Reply to Mark Elliott
I agree with Mark Elliott in finding my April 1 argument about prorogation and assent astonishing and monstrous, once the argument’s important premises have been omitted, as he has omitted … Continue reading
Ewan McGaughey: What Is Needed in Our Constitution to Revoke Article 50?
Professors Gavin Phillipson and Alison Young have argued on this blog that an Act of Parliament is needed to revoke article 50. An alternative view is that, while an Act … Continue reading
Kenneth Campbell: Constitutional Dogs That Barked and Dogs That Did Not: The Scottish Continuity Bill in the Supreme Court
Introductory Somewhat overshadowed by the Wightman saga, and the unscheduled Conservative leadership demarche, the UKSC decision in the UK Withdrawal from the European Union (Legal Continuity)(Scotland) Bill compatibility reference was … Continue reading
Robert Craig: Can the Government Use the Royal Prerogative to Extend Article 50?
Introduction The possibility of extending the Article 50 process is being discussed in media outlets and social media. There are a number of potential scenarios where a short extension might … Continue reading
Kenneth Armstrong: The Advent of Brexit – Can It Be Paused?
As each day passes, a new window seems to be thrown open exposing fresh legal issues to be solved as the UK continues its journey towards its withdrawal from the … Continue reading
Gavin Phillipson and Alison L. Young: Wightman: What Would Be the UK’s Constitutional Requirements to Revoke Article 50?
Today the Court of Justice of the European Union delivered its judgment in Wightman. This followed the opinion of Advocate General Campos Sánchez-Bordona, concluding that the UK may unilaterally revoke … Continue reading
Benedict Douglas: The Fundamental Tension Underlying the UK Constitution
Are we defined by the duties we owe or the choices we make? Until very recently UK citizens have predominantly understood their personal identity, what is right and wrong, and … Continue reading
Francis Young: “Packing” the Lords: Some Legal Reflections
The recent string of Government defeats in the House of Lords over amendments to the European Union (Withdrawal) Bill has reignited the debate over the role of the Lords in … Continue reading
Alison Young: Status of EU Law Post Brexit: Part Two
In an earlier blog post, I argued that whilst the Government’s amendments provided some clarity as to the status of retained EU law post Brexit, they failed to provide a … Continue reading
Brian Christopher Jones: Wightman and How Not to Advance the Law
Wightman v Advocate General [2018] concerns whether it is legally possible to reverse an Article 50 notice given to the European Union. At first instance the Lord Ordinary refused permission … Continue reading
