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
Jeff King: Can Royal Assent to a Bill Be Withheld If So Advised by Ministers?
An article in the Sunday Times by Professor Richard Ekins and Sir Stephen Laws QC advised that the Monarch could withhold Royal Assent to a bill passed if advised to … Continue reading
Robert Craig: Executive Versus Legislature in the UK – A Response to Mark Elliott and Tom Poole
For constitutional lawyers, the Brexit Santa Claus has shimmied down the chimney once again. This post is a response to Mark Elliott who recently commented on an article by John … 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
Francis Young: Parliament and Taking Back Control: A Precedent from the Maastricht Debates
This post considers whether it is a convention of the British constitution that Parliament cannot direct the executive in the making of treaties. The context, of course, is the current … 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
Robert Craig: Why an Act of Parliament Would Be Required to Revoke Notification under Article 50
The possibility of the UK revoking its Article 50 notice is hitting the headlines. The Prime Minister was asked last Monday in Parliament if she had received legal advice that … Continue reading
Robert Craig: Zombie Prerogatives Should Remain Decently Buried: Replacing the Fixed-term Parliaments Act 2011 (Part 1)
Editors’ note: This is the first part of a two-part contribution. The second part will be posted tomorrow. Part 1: Would the prerogative be revived? I In the light of … 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
Asanga Welikala: The Need for a ‘Cartesian Cleaning of the Augean Stables’? Miller and the Territorial Constitution
It is clear that the UKSC’s observations on the meaning and effect of ss. 1 and 2 of the Scotland Act 2016 in Miller have deep consequences for both the … Continue reading
