Stefan Theil: Unconstitutional Prorogation
Parliament voted on the evening of 1 April in a series of indicative votes to determine what, if any, alternative plan for withdrawal from the European Union could command the … 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
David Howarth: How to Change the Government Without Causing a General Election
The Fixed Term Parliaments Act 2011 removed the ability of Prime Ministers to call early general elections and handed that power to Parliament. Parliament has two options: a motion supported … Continue reading
John Finnis: Terminating Treaty-based UK Rights: A Supplementary Note
Editors’ note: This is cross-posted from the Judicial Power Project website and forms the body of a short paper published today by the Project. In a Judicial Power Project paper … Continue reading
Robert Craig: Report of Proceedings: Miller v Secretary of State for Exiting the European Union, Day 3
Day 3 started at 10.30am on 18 October 2016. James Eadie QC continued his submissions followed by Jason Coppel QC for the Government. Lord Pannick then replied followed by Dominic … Continue reading
Elizabeth Campion: Pay No Attention to the Man Behind the Curtain: Parliamentary and Governmental Power in the Wake of the EU Referendum
The case of Santos and M v Secretary of State for Exiting the European Union (CO/3281/2016 and CO/3809/2016) (“Santos“) was heard in the High Court this week by the Lord … Continue reading
Robert Craig: Report of Proceedings: Miller v Secretary of State for Exiting the European Union, Day 2
Editors’ note: For a report on the first day of proceedings, please see here. Introduction The second day of proceedings in the Miller case started at 9.45am as scheduled following … Continue reading
Robert Brett Taylor: Constitutional Conventions, Article 50 and Brexit
Following the result of the referendum on British membership of the European Union, constitutional commentators have been embroiled in a discussion over the legal basis on which withdrawal from the … Continue reading
Robert Craig: Triggering Article 50 Does not Require Fresh Legislation
Introduction Considerable public interest has recently been focused on the ‘trigger’ mechanism for exit from the EU which is set out in Article 50 of the Lisbon Treaty. Expert opinion … Continue reading
Thomas Fairclough: Article 50 and the Royal Prerogative
Introduction This piece seeks to address only one question: does Parliament or the Government have the power to decide to withdraw from the European Union in accordance with Article 50 … Continue reading
