Kasey McCall-Smith: The Realities of Being Global: Treaty Law and Brexit
Throughout the two years of Brexit debates following Article 50 notification, the UK Government and Parliament consistently have failed to recognise that even if EU law is no longer applicable … Continue reading
Philip Allott: Taking Stock of the Legal Fallout from the EU (Notification of Withdrawal) Act 2017
Some of the accumulated noxious legal dust will now settle with the enacting of the grossly mistitled EU (Notification of Withdrawal) Act 2017. We may have witnessed our first post-legal … Continue reading
Richard Clayton QC: New Directions for Article 10: Strasbourg Reverses the Supreme Court in Kennedy
The Supreme Court decision in Kennedy v Charity Commission was striking from many points of view. Mr Kennedy was a journalist frustrated by the way the Commission handled his allegations … Continue reading
David Feldman: Brexit, the Royal Prerogative, and Parliamentary Sovereignty
The issues in Miller In R. (Miller) v. Secretary of State for Exiting the European Union [2016] EWHC 2768 (Admin) judges had to decide, as a matter of law, on … Continue reading
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 … Continue reading
Jake Rylatt: The Irrevocability of an Article 50 Notification: Lex Specialis and the Irrelevance of the Purported Customary Right to Unilaterally Revoke
With the constitution of a new UK Government formed around a policy of ‘Brexit’, and the creation of the new ministerial position of ‘Secretary of State for Exiting the European … Continue reading
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 … Continue reading
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 … Continue reading
Sionaidh Douglas-Scott: What Happens to ‘Acquired Rights’ in the Event of a Brexit?
Two recent UK Constitutional Law Association blogs (see here and here) have highlighted the importance of rights in the context of the UK’s referendum on EU membership, and indeed within … Continue reading
