Tag: UK EU Referendum
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Leah Trueblood: Referendums, Compromise, and Ratification
Resolving any political question requires compromise. This is as true for constitutional questions as it is for questions of policy. This can be seen now in the European Union’s reminders to the United Kingdom that access to the single market is not ‘à la carte.’ While some have argued that the latest referendum outcome is illegitimate, and…
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Yossi Nehushtan: Why the EU Referendum’s Result Is not Morally-Politically Binding
Thus far, while the UK is trying to comprehend the EU referendum’s result, there seems to be a consensus according to which even though the referendum is merely advisory, it would be morally and politically wrong for Parliament to refuse following the ‘leave’ result. Here I wish to challenge this consensus. The difference between ‘legally…
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Patrick O’Brien: The Democratic Legitimacy of Changing Your Mind: A Response to Richard Ekins
In his post of last week, Richard Ekins argues that political and legal elites should resist the urge to ‘treat other voters as fools or monsters or deny the outcome of the fair and legitimate decision-making process which they did not otherwise contest’. The many and varied legal and political arguments offering ways to soften,…
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Michael Doherty: Should Making False Statements in a Referendum Campaign Be an Electoral Offence?
Oldham, 2010: In a closely fought election, where immigration was a central issue, the Labour candidate Phil Woolas published statements about his LibDem opponent that were found to be false statements of fact in relation to his personal character or conduct without believing them to be true, contrary to s.106 Representation of the People Act…
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Roger Masterman and Colin Murray: A House of Cards?
The ability of the constitution of the United Kingdom to respond to the ebb and flow of political and societal change has long been presented as a strength, and as one of the defining features of a system whose fundamental features have otherwise remained relatively stable. Significant renovation has occurred, but for the most part…
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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…
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Colin Harvey: Complex Constitutionalism in a Pluralist UK
Constitutional Pluralism If constitutional pluralism is taken seriously, then the voters of the United Kingdom of Great Britain and Northern Ireland delivered a complicated message to the Westminster Parliament and Executive; hardly a surprise in a multi-national state. A complex message will no doubt also emerge from all the democratic institutions within the UK. There…
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Leonard Besselink: Beyond Notification: How to Leave the European Union without Using Article 50 TEU
In legal terms, the referendum on EU membership in the UK is an advisory abrogative referendum. It needs to be given effect, if at all, by the competent authorities, primarily Parliament. Moreover, on all parts there is the desire to fill the void of an abrogation of EU law. This requires an interpretation by all…
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Ewan Smith: What Would Happen if the Government Unlawfully Issued an Article 50 Notification without Parliamentary Approval?
In “Pulling the Article 50 ‘Trigger’: Parliament’s Indispensable Role” Nick Barber, Jeff King and Tom Hickman argued that it is Parliament, and not the government, who get to decide whether to trigger a notification under Article 50 of the Treaty of the European Union. I agree with them. Barber, King and Hickman base the argument on…
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Adam Tucker: Triggering Brexit: A Decision for the Government, but under Parliamentary Scrutiny
What more, if anything, is needed to translate the result of the referendum into actual exit from the European Union? This question, which hardly featured in public discussion before the poll, is now the subject of a fundamental public controversy. For the withdrawal process to begin, Article 50(1) of the Treaty of Lisbon requires a…