Tag: Sewel Convention
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Robert Craig: Miller Supreme Court Case Summary
R (on the application of Miller and Dos Santos) (Respondents) v Secretary of State for Exiting the European Union (Appellant) Reference by the Attorney General for Northern Ireland – In the matter of an application by Agnew and others for Judicial Review Reference by the Court of Appeal (Northern Ireland) – In the matter of…
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Kenneth Campbell QC: How Devolution Has Altered Some Fundamentals of the British Constitution
Introduction Regular readers of this blog will need no reminding of how much anticipation has been devoted to the Art 50 litigations ahead of and and during the UK Government’s appeal to the UK Supreme Court, in what has been by turns both an attempt to work out the boundaries of the constitution, and a…
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Mikolaj Barczentewicz: Uses and Misuses of the Rule of Recognition in Miller
The jurisprudential concept of the rule of recognition featured several times during the Miller hearings at the Supreme Court. In this short note, I discuss three uses of the concept of the rule of recognition during the Miller hearings and propose one other way in which the concept is relevant to Miller, that was not…
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Robert Craig: Report of Proceedings: Miller v Secretary of State for Exiting the European Union, Supreme Court, Day 4
Introduction This final summary post aims to set out the highlights of the Supreme Court (SC) hearing on Day 4 of the hearings in the Miller v Secretary of State for Exiting the European Union case. As mentioned before, and as with the reports on the High Court (HC), this report will not be comprehensive.…
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Robert Craig: Report of Proceedings: Miller v Secretary of State for Exiting the European Union, Supreme Court, Day 3
Introduction This post aims to summarise the highlights of the Supreme Court (SC) hearing on Day 3 (7 December 2016) of the hearings in the Miller v Secretary of State for Exiting the European Union case. As mentioned in previous posts, and as with the reports on the High Court (HC), this report will not…
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Robert Craig: Report of Proceedings: Miller v Secretary of State for Exiting the European Union, Supreme Court, Day 2
Introduction This post aims to summarise the highlights of the Supreme Court hearing on 6 December 2016. As mentioned yesterday, as with the reports on the High Court, this report will not be comprehensive. This is because those with the most interest in the case will have watched online or read the transcript. There is…
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Mark Elliott and Stephen Tierney: House of Lords Constitution Committee Reports on Wales Bill
The House of Lords Constitution Committee today publishes its report on the Wales Bill. The history of the Bill is a somewhat chequered one, a Draft Bill published in October 2015 having been subjected to excoriating criticism by (among others) the Assembly’s Legislative and Constitutional Affairs Committee. The centrepiece of the Bill is intended to…
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Sionaidh Douglas-Scott: The ‘Great Repeal Bill’: Constitutional Chaos and Constitutional Crisis?
On October 2, Theresa May set out plans for a ‘Great Repeal Bill’ to be included in the next Queen’s Speech. There is very little detail currently available, but it appears this Bill is intended to remove the European Communities Act (ECA) 1972 from the statute book following completion of the Brexit negotiations. It would…
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Kenneth Campbell QC: Sand in the Gearbox: Devolution and Brexit
In the immediate aftermath of the EU referendum result, political comment from a number of quarters suggested that the Scottish Parliament could vote to block Brexit. For the comprehensive reasons given by Mark Elliott on his blog, that was a triumph of hope over the constitutional competence of the institution. However, that is not to…
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Paul Reid: Brexit: Some Thoughts on Scotland
All sorts of constitutional issues arise out of last Thursday’s referendum: Art.50 TEU; the need for Parliamentary approval before it is invoked; whether the new Prime Minister will seek to call a general election; whether the result is properly considered “decisive”; and what wider implications there are for the constitution. Although these issues will all…