Tag: UK EU Referendum
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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 the swearing in of a new judge of the High Court. Three QCs appeared for the remaining Claimants: Helen Mountfield QC, Patrick Green QC and…
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Aurel Sari: Biting the Bullet: Why the UK Is Free to Revoke Its Withdrawal Notification under Article 50 TEU
‘There is no going back.’ These were the words of Lord Pannick, uttered before the High Court in response to the question whether the United Kingdom could rescind its notification to withdraw from the European Union once issued under Article 50 TEU (Santos and M v Secretary of State for Exiting The European Union, uncorrected…
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Piet Eeckhout: The UK Decision to Withdraw from the EU: Parliament or Government?
The litigation concerning the triggering of Art 50 TEU is under way, with hearings this past week and early next. It is the constitutional case of the century. The Government’s skeleton argument has been published. This reveals that one of the pillars of its defence is that the decision to withdraw from the EU has…
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Event reminder: Parliament and Brexit: Constitutional Conundrums and Parliamentary Practicalities
Parliament and Brexit: Constitutional Conundrums and Parliamentary Practicalities United Kingdom Constitutional Law Association and Study of Parliament Group Seminar Tuesday 25 October 2016 6pm House of Lords – Committee Room G Speakers: Jeff King (Professor of Public Law, University College London), Paul Hardy (Legal Adviser to House of Lords European Union Committee) and Dr Hannah…
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Robert Craig: Report of Proceedings: Miller v Secretary of State for Exiting the European Union
Introduction Thursday 13 October 2016 marked the beginning of the hearing over the constitutional question of whether Article 50 may be triggered by the Government without further statutory authorisation. This post provides a report of the day’s proceedings. The two further days are scheduled for Monday and Tuesday next week. The first section sets out…
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New Bingham Centre for the Rule of Law Briefing Paper: ‘Parliament and the Rule of Law in the Context of Brexit’
The Bingham Centre for the Rule of Law published a new Briefing Paper on 29 September 2016. Titled ‘Parliament and the Rule of Law in the Context of Brexit’, it aims to inform the work of Parliament by setting out preliminary rule of law issues relating to Brexit. The Paper focuses on procedural rule of…
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Ronan McCrea: Can a Brexit Deal Provide a Clean Break with the Court of Justice and EU Fundamental Rights Norms?
Those concerned with protecting human rights have been vocal in their concern that the Brexit process will lead to a reduction in human rights protection in the UK. Indeed, part of the case presented to voters in favour of Brexit was that leaving the EU would allow the UK to be free of the duty…
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Event: Parliament and Brexit: Constitutional Conundrums and Parliamentary Practicalities
Parliament and Brexit: Constitutional Conundrums and Parliamentary Practicalities United Kingdom Constitutional Law Association and Study of Parliament Group Seminar Tuesday 25 October 2016 6pm House of Lords – Committee Room G Speakers: Jeff King (Professor of Public Law, University College London), Paul Hardy (Legal Adviser to House of Lords European Union Committee) and Dr Hannah…
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Philip Joseph: Brexit: A View from Afar
Editors’ note: In this blog post the distinguished New Zealand jurist, Professor Philip Joseph, reflects upon the fall-out from the referendum vote on 23 June. The post is a precis of a longer paper which can be read here. An uneasy truth: Brexit was borne out of sheer political miscalculation and an unshakable belief that…
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Mark Elliott and Stephen Tierney: The House of Lords Constitution Committee Reports on Article 50
The House of Lords Constitution Committee today publishes its report on the process by which the United Kingdom will withdraw from the European Union, a process that will result “in the most significant changes to the UK’s constitution in a generation”. The Committee accepts that the referendum result is clear and therefore must be implemented,…