Tag: UK EU Referendum
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Kenneth Armstrong: Should Turkeys Vote (be)for(e) Christmas? An Early General Election and Article 50
In a piece published last week I set out the argument for why a general election is needed before the UK notifies a decision to withdraw from the European Union in terms of Article 50 TEU. Writing here, Mike Gordon similarly also redirects constitutional lawyers concerns about the role of parliament in the withdrawal process,…
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Thomas Adams: Is There a Mandate Here?
What’s done is done, or so Richard Ekins has forcefully argued about the result of the referendum held on June 23rd. Whilst, as he notes, there may be real questions about whether, for example, the issue of continued membership of the EU ought to have been put to the people rather than reserved for Parliament,…
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Jonathan Morgan: A Brexit General Election?
Alea jacta est said Caesar, having crossed the Rubicon and burned his bridges. The Brexit referendum appears equally momentous and irreversible. But is it? There have been calls for Parliament simply to ignore the outcome. A fresh general election should be called to resolve the mounting constitutional crisis. The post-referendum debate presents both straightforward and…
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Robert Craig: Triggering Article 50 Does not Require Fresh Legislation
Introduction Considerable public interest has recently been focused on the ‘trigger’ mechanism for exit from the EU which is set out in Article 50 of the Lisbon Treaty. Expert opinion has divided between those who believe that the power to trigger Article 50 rests with the Executive using the legal authority of the royal prerogative…
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Thomas Fairclough: Article 50 and the Royal Prerogative
Introduction This piece seeks to address only one question: does Parliament or the Government have the power to decide to withdraw from the European Union in accordance with Article 50 TEU and through the notifying of the European Council of such a decision trigger the two year time limited formal withdrawal negotiations? Nick Barber, Tom…
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Rebecca Williams: Do We Have to Follow the Result of the Brexit Referendum?
Legally the answer is clear: no. The European Union Referendum Act 2015 states that a referendum should be held. It does not state what should happen thereafter. Indeed, it is argued that we cannot follow it by issuing a notification under Article 50 of the Lisbon Treaty without a further Act of Parliament (see CLA…
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Colm O’Cinneide: Why Parliamentary Approval for the Triggering of Article 50 TEU Should Be Required as a Matter of Constitutional Principle
The argument that Article 50 of the Treaty on European Union (TEU) cannot be lawfully triggered without the consent of Parliament has generated plenty of excited discussion over the last week, both in specialist legal circles and in the wider world. The announcement by Mishcon de Reya that that legal action was pending to ‘ensure…
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Graeme Cowie: Scotland and a Second Independence Referendum – The Obstacles and Challenges and the Comparative Solutions
In light of the divergent conclusions the Scottish electorate reached from those of England and Wales in the EU referendum, the spectre of a second Scottish independence referendum looms. Though insisting it is not her “starting point” in discussions with the European institutions and other national governments, First Minister Nicola Sturgeon has indicated that she…
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Mike Gordon: Brexit: The Constitutional Necessity of an Early General Election
In the stunning aftermath of the Brexit referendum, intense debate among constitutional lawyers has focused on Art 50 TEU, and the domestic legal (or constitutional) requirements for a decision to leave the EU. In this post, I want to step back from this debate – important though it has been, and continues to be –…
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Thomas Fairclough: Judicial Review and Article 50: Some Preliminary Issues
Introduction There has been much debate on Article 50 TEU. More specifically, there have been thoughtful arguments about who or what has legal authority to trigger Article 50 and begin the Brexit process. Some have said it’s the Government acting under the Royal Prerogative whilst others have said it is for Parliament to start. My…