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
Christopher McCrudden and Daniel Halberstam: Northern Ireland’s Supreme Court Brexit Problem (and the UK’s too)
There are many unfortunate results of Brexit, but one of the most problematic is the adverse effects it has had on current and future relationships between Britain and Ireland, and … Continue reading
Kenneth Campbell QC: Henry VIII Comes to Scotland, Wales and Northern Ireland, and Other Devolution Questions in the EU (Withdrawal) Bill
Introductory As the ‘Great Repeal Bill’ of rhetoric becomes the European Union (Withdrawal) Bill of reality, the scale of the task facing Parliament – predicted by academic and practitioner commentators … Continue reading
Colin Harvey and Daniel Holder: The Great Repeal Bill and the Good Friday Agreement – Cementing a Stalemate or Constitutional Collision Course?
Introduction – a perfect storm? As predicted, Brexit is proving to be profoundly destabilising for the peace process and the constitutional politics of Northern Ireland. An outcome that lacks the … Continue reading
George Peretz QC: Storm Clouds over the Welsh Mountains: Agriculture and Devolution
A report by the National Assembly for Wales’ Climate Change, Environment and Rural Affairs Committee published on 24 March received more publicity than might have been expected. That was largely … 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
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
Joe Atkinson: Parliamentary Intent and the Sewel Convention as a Legislatively Entrenched Political Convention
One interesting finding in Miller is that it appears to recognise the Sewel Convention as a new form of constitutional convention; one that is legislatively entrenched but remains a convention … 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
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
