Jo Murkens: Brexit: The Devolution Dimension – UK Constitutional Law Association

‘The results of the third nation-wide referendum in the United Kingdom are still sinking in at home and around the world. Just below 52% voted to leave the European Union, just over 48% voted to remain. The widespread conclusion is that the UK must leave the EU.’

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UK Constitutional Law Association, 28th June 2016

Source: www.ukconstitutionallaw.org

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Kenneth Armstrong: Push Me, Pull You: Whose Hand on the Article 50 Trigger? – UK Constitutional Law Association

‘The days since the outcome of the British referendum vote to leave the European Union have seen much speculation over the law and politics of withdrawing from the EU under Article 50 TEU. Two rather separate strands of speculation have begun to appear. On the one hand – and driven by an increasing acceptance that Article 50 TEU will not, as previously intimated, be triggered in the immediate aftermath of the vote – there is conjecture over whether the UK’s hand can be forced to squeeze the trigger and initiate the withdrawal sequence under Article 50. On the other hand, there is some suggestion that Article 50 may not be triggered because Parliament could seek to veto notification to the European Council. We seem to have entered a Doctor Dolittle phase of push me, pull you law and politics.’

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UK Constitutional Law Association, 27th June 2016

Source: www.ukconstitutionallaw.org

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Nick Barber, Tom Hickman and Jeff King: Pulling the Article 50 ‘Trigger’: Parliament’s Indispensable Role – UK Constitutional Law Association

‘In this post we argue that as a matter of domestic constitutional law, the Prime Minister is unable to issue a declaration under Article 50 of the Lisbon Treaty – triggering our withdrawal from the European Union – without having been first authorised to do so by an Act of the United Kingdom Parliament. Were he to attempt to do so before such a statute was passed, the declaration would be legally ineffective as a matter of domestic law and it would also fail to comply with the requirements of Article 50 itself.’

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UK Constitutional Law Association, 27th June 2016

Source: www.ukconstitutionallaw.org

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Brexit won the vote, but for now we remain in the EU – The Guardian

Posted June 27th, 2016 in constitutional law, EC law, news, parliament, referendums, time limits by sally

‘By not triggering article 50 of the Lisbon treaty immediately after the referendum, David Cameron has bought the UK more time to negotiate terms.’

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The Guardian, 24th June 2016

Source: www.guardian.co.uk

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Neil Walker: The Brexit Vote: The Wrong Question for Britain and Europe – UK Constitutional Law Association

‘Referendums are supposed to provide decisive interventions in the affairs of state. They are designed to produce clear ‘yes or no’ answers to large political questions. And as these answers also come with a rare level of popular endorsement, this should facilitate their effective and timely implementation.’

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UK Constitutional Law Association, 21st June 2016

Source: www.ukconstitutionallaw.org

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Defining the Boundary Between European and National Law – Six Pump Court

Posted June 15th, 2016 in constitutional law, EC law, jurisdiction, news, ultra vires by sally

‘Increasing emphasis has recently been placed by Leave campaigners on the argument that Britain must leave the EU in order to get back control of its own affairs, and to avoid the uncertain future risks of EU interference. This argument gains a traction from the fear, which we consider unjustified, that there is no real boundary to the potential impact of EU laws and action. Therefore, there would be value in measures, if such were possible, which would define more clearly the boundary of EU law. In fact, two proposals which addressed that very boundary were announced by the Prime Minister in the Chatham House speech in November 2015, in which he set out his renegotiation programme. But no detail has subsequently been heard about such proposals, and they have largely been forgotten. If the subsequent silence is attributable to legal advice that the ideas are impossible, we disagree with such advice.’

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Six Pump Court, 13th June 2016

Source: www.6pumpcourt.co.uk

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Human rights must be protected against the abuse of power – The Guardian

Posted May 16th, 2016 in bills, constitutional law, devolution, human rights, news by sally

‘The Tories’ British bill of rights could deprive victims of the right to seek redress. It must be fought.’

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The Guardian, 16th May 2016

Source: www.guardian.co.uk

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British bill of rights could ‘unravel’ constitution, say MPs – The Guardian

‘The government’s proposed bill of rights will hamper the fight against crime, undermine the UK’s international moral authority and could start “unravelling” the constitution, a cross-party parliamentary committee is warning.’

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The Guardian, 9th May 2016

Source: www.guardian.co.uk

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Straining out a Gnat and Swallowing a Camel: The Convention, the Charter and Mrs May – UK Human Rights Blog

Posted May 6th, 2016 in constitutional law, EC law, human rights, news by tracey

‘In a speech about Brexit last week, the Home Secretary shared what she called her “hard-headed analysis”: membership of an unreformed EU makes us safer, but – beware the non-sequitur – we must withdraw from the European Convention on Human Rights, which does not.’

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UK Human Rights Blog, 6th May 2016

Source: https://ukhumanrightsblog.com

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Human Rights: Whether in Europe or Out – Gresham College

Posted April 27th, 2016 in constitutional law, EC law, human rights, jurisdiction, news, referendums by sally

‘With the in/out Europe vote to come (or having gone) what will the result mean for Human Rights? How is or has the debate been framed?’

Video

Gresham College, 6th April 2016

Source: www.gresham.ac.uk

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Robert Thomas: Local Government Devolution in England – UK Constitutional Law Association

‘At last, devolution is happening in England, but there are some areas of concern especially as regards the lack of public engagement and the legal framework.’

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UK Constitutional Law Association, 2nd March 2016

Source: www.ukconstitutionallaw.org

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The Attorney General on who should decide what the public interest is – Attorney General’s Office

‘The Attorney General Jeremy Wright QC MP spoke at University College London’s Law Faculty on his role as a guardian of the public interest.’

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Attorney General’s Office, 8th February 2016

Source: www.gov.uk/ago

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Cavalier with our Constitution: a Charter too far – UK Human Rights Blog

Posted February 10th, 2016 in constitutional law, EC law, human rights, news, treaties by sally

‘Last week Donald Tusk, President of the European Council, tabled a set of proposals which the government hopes will form the basis of the UK’s renegotiated relationship with the EU, in advance of an in-out referendum. Politically, the proposals may be just the job: a new commitment to enhance competitiveness, proposals to limit benefits to migrants, recognition that member states’ different aspirations for further integration must be respected, and creation of a (“red card”) mechanism to block EU legislation. Legally, however, they raise more questions than they answer.’

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UK Human Rights Blog, 9th February 2016

Source: www.ukhumanrightsblog.com

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Graham John Wheeler: When Should the Lords Reject Secondary Legislation? – UK Constitutional Law Association

‘On 26 October 2015, the House of Lords debated the Tax Credits (Income Thresholds and Determination of Rates) (Amendment) Regulations 2015. The Regulations were approved, but subject to two riders. Critics claimed that these riders constituted “fatal” amendments, and that they were therefore tantamount to a rejection of the legislation. It was argued that it is constitutionally improper for the House of Lords to reject financial legislation in this way.’

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UK Constitutional Law Association, 7th December 2015

Source: www.ukconstitutionallaw.org

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Speech by President of the Queen’s Bench Division: Justice for the 21st Century – Courts and Tribunals Judiciary

‘Sir Brian Leveson, President of the Queen’s Bench Division gave the Caroline Weatherill Lecture “Justice for the 21st Century” in the Isle of Man on 9 October 2015.’

Full speech

Courts and Tribunals Judicairy, 12th October 2015

Source: www.judiciary.gov.uk

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Ruvi Ziegler: The ‘Brexit’ Referendum: We Need to Talk about the (General Election) Franchise – UK Constitutional Law Association

Posted October 7th, 2015 in bills, constitutional law, EC law, elections, news, referendums by sally

‘In its 27 May 2015 Queen’s speech, the Conservative government announced that ‘early legislation will be introduced to provide for an in/out referendum’. The following day, it introduced the European Union Referendum Bill, which passed its third reading in the House of Commons on 7 September 2015 (by 316 votes to 53). The second reading in the House of Lords is scheduled for 13 October 2015. Following the recommendation of the Electoral Commission, the initially proposed question: ‘Should the UK remain a member of the European Union?’ was replaced with an arguably more neutral question: ‘should the UK remain a member of the European Union or leave the European Union’.’

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UK Constitutional Law Association, 7th October 2015

Source: www.ukconstitutionallaw.org

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Joshua Folkard: Horizontal Direct Effect of the EU Charter of Fundamental Rights in the English Courts – UK Constitutional Law Association

Posted September 23rd, 2015 in constitutional law, EC law, human rights, judiciary, news, parliament by sally

‘The Court of Appeal has recently pronounced (twice) that some provisions of the Charter of Fundamental Rights of the European Union have horizontal direct effect. These decisions provide some guidance as to the legal and constitutional status of the Charter (at least from an English perspective). The Court of Appeal in both cases held that this conclusion required the disapplication of primary UK legislation. These decisions therefore raise an issue as to the appropriate balance of power between Parliament and English judges.’

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UK Constitutional Law Association, 23rd September 2015

Source: www.ukconstitutionallaw.org

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Secret prosecution of terrorism suspect raises ‘difficult constitutional issues’ – The Guardian

‘The decisions that led to a terrorism suspect being prosecuted in conditions of almost unprecedented secrecy raise “really difficult constitutional issues” about the independence of prosecutors from government, the head of the judiciary in England and Wales warned on Wednesday.’

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The Guardian, 1st July 2015

Source: www.guardian.co.uk

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‘English votes for English laws’ plan to be set out – BBC News

‘The government is expected to set out its proposals to give MPs from English constituencies the final say on laws affecting England only.’

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BBC News, 2nd July 2015

Source: www.bbc.co.uk

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Paul Bernal: Privacy, Surveillance and Brexit…. – UK Constitutional Law Association

An Englishman’s home is his castle, so the old saying goes, and it might be thought that the implication is that the English place a special importance on privacy. The reverse, however, seems to be the case, when the law is considered – for much of the law that provides protection for our privacy, particularly in relation to surveillance, does not originate in the UK but in Europe. With the perfect storm of possible ‘Brexit’ and the potential repeal of the Human Rights Act (HRA), that might leave our privacy in an even more precarious state than it currently is. The so-called ‘British Bill of Rights’ has yet to see the light of day: one of the key questions could be what provision it makes for privacy, particularly in relation to the internet and other forms of communications.
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UK Constitutional Law Association, 18th June 2015

Source: www.ukconstitutionallaw.org

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