Tag: UK EU Referendum
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Gavin Creelman: The Relevance of Thoburn to the Article 50 “Trigger” Debate
In the weeks following the EU referendum result, a number of key constitutional questions have emerged. Central among these has been the issue of how the process of withdrawal from the EU provided by Article 50 of the Treaty on European Union (“TEU”) may be “triggered”. In particular, the debate has focussed on whether the…
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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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Kenneth Campbell QC: Constitutional Discourse Post-referendum: Where Are We, and Where Are We Going Next?
Editors’ note: This is the first of two blogs by Kenneth Campbell reflecting upon the constitutional state of play as Parliament prepares to consider the Brexit process. In common with other constitutional and EU law sites, this blog glowed white hot in the immediate aftermath of the EU referendum. Understandably, many commentators were occupied with…
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Ana Bobic and Josephine van Zeben: Negotiating Brexit: Can the UK Have Its Cake and Eat It?
The decision taken by the people of United Kingdom to end its membership of the European Union has left the UK’s governing elites shocked and disoriented. The days after the ‘Leave’ vote have made it clear that there was no ‘exit’ strategy and it remains entirely uncertain what the future relationship between the UK and…
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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 EU can take place, in particular whether parliamentary approval is legally required before Article 50 of the Treaty on European Union can be triggered. The…
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Alex Green: Why the EU Referendum Might Be Morally Binding – A Partial Response to Yossi Nehushtan
In an erudite and sophisticated post on this blog, Dr Yossi Nehushtan argues that the United Kingdom’s recent referendum on membership in the European Union is not morally binding on the British government. Whilst there is plenty there that I agree with, in a number of ways I think his conclusion was too quick. In…
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Charles Streeten: Putting the Toothpaste Back in the Tube: Can an Article 50 Notification Be Revoked?
Introduction It is, as the rather outmoded saying goes, a woman’s prerogative to change her mind; but what about the United Kingdom’s? Whilst there has been much academic discussion, not to mention one live and two threatened claims for judicial review, regarding the power to issue a notification pursuant to Article 50 of the Treaty…
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Craig Prescott: A ‘Snap’ General Election? It’s Far from a Certainty
Now the Conservative Party leadership election has come to an abrupt halt with the withdrawal of Andrea Leadsom, Theresa May will become Prime Minister on Wednesday. Calls to hold a ‘snap’ general election, which have been heard ever since the referendum will intensify on the basis that May lacks a mandate to govern. Already, senior…
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Sébastien Grammond: Canadian Constitutional Jurisprudence and the Brexit Process
Canadian constitutional jurisprudence might, perhaps unexpectedly, shed some light on the process set in motion by the referendum regarding the United Kingdom’s exit from the European Union, a leading feature of which is the absence of clear answers to important constitutional questions. Of course, we must mind the gap between the two countries’ constitutions, which…
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Yossi Nehushtan: Why Is It Illegal for the Prime Minister to Perceive the EU Referendum’s Result as Morally-Politically Authoritative?
In a previous post I argued that it is morally wrong to perceive the EU referendum’s result as morally and politically authoritative. My arguments were made in light of the fact that the referendum’s result is not legally binding. Here I wish to highlight a related yet neglected point and to argue that it is…