Supreme Court Brexit ruling may affect legal action against Tony Blair and other ‘state officials’ over Iraq War – The Independent

Posted February 15th, 2017 in constitutional law, Iraq, news, prerogative powers, referendums, Supreme Court, war by sally

‘The Supreme Court Brexit ruling may affect attempts to take legal action against Tony Blair and other “state officials” over their role in the Iraq War, it has emerged.’

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The Independent, 14th February 2017

Source: www.independent.co.uk

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Philip Allott: Taking Stock of the Legal Fallout from the EU (Notification of Withdrawal) Act 2017 – UK Constitutional Law Association

‘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 legal event. Populist law. If many people say a legally incorrect thing many times, it may come to be treated as if it were correct. Alternative law.’

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UK Constitutional Law Association, 2nd February 2017

Source: www.ukconstitutionallaw.org

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Oliver Garner: Conditional Primacy of EU Law: The United Kingdom Supreme Court’s Own “Solange (so long as)” Doctrine? – UK Constitutional Law Association

Posted January 31st, 2017 in constitutional law, EC law, news by sally

‘In circumstances of “normal” membership of the European Union, the UK Supreme Court’s dicta in the Miller judgment that EU law is an “independent and overriding source of domestic law” [Paragraph 65] may well have caused a constitutional storm. In the current unprecedented tempest of Brexit, however, Lord Neuberger’s announcement of this statement passed as little more than a side-wind. This short post will briefly turn the magnifying glass on this judicial formulation, which will be labelled the “conditional primacy” of EU law within the United Kingdom’s domestic constitutional order.

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UK Constitutional Law Association, January 2017

Source: www.ukconstitutionallaw.org

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Patrick O’Brien: All for Want of a Metaphor: Miller and the Nature of EU Law – UK Constitutional Law Association

Posted January 30th, 2017 in constitutional law, EC law, international law, Supreme Court, Uncategorized by sally

‘The judgments in Miller highlight the fact that the common law has never managed to arrive at a satisfactory intellectual framework for European law. I will focus first on Lord Reed’s dissent. On Lord Reed’s account, the situation is simpler than anyone who had observed UK and EU law for the past 45 years could have imagined. The UK takes a dualist approach to international law, and EU law is international law. Once this characterisation is accepted the case is over.’

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UK Constitutional Law Association, 30th January 2017

Source: www.ukconstitutionallaw.org

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Pavlos Eleftheriadis: The Systematic Constitution – UK Constitutional Law Association

Posted January 30th, 2017 in constitutional law, EC law, news, repeals, Supreme Court, treaties by sally

‘The Supreme Court judgment in Gina Miller is not merely an affirmation of what the High Court said. The eight member majority confirmed the earlier decision, but also took the opportunity to restate a fundamental principle, which had been left implicit by the court below. The High Court said that the substantive rights arising out of EU law and the European Communities Act 1972, in employment, environment, consumer protection, competition or free movement, could not be abolished merely by the exercise of the royal prerogative. This was a standard interpretation of existing law, adapted for the context of Article 50. The Supreme Court accepted that this was correct, but added one additional reason.’

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UK Constitutional Law Association, 30th January 2017

Source: www.ukconstitutionallaw.org

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The supreme court Brexit judgment isn’t a victory for me, but for our constitution – The Guardian

Posted January 24th, 2017 in appeals, constitutional law, EC law, judgments, news, parliament, Supreme Court, treaties by sally

‘An overriding principle of British law is that parliament is sovereign – and we should be grateful to the judges, in the face of huge pressure, for upholding it.’

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The Guardian, 24th January 2017

Source: www.guardian.co.uk

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Simon Renton: Historical Perspectives and the Miller Case – UK Constitutional Law Association

Posted January 20th, 2017 in constitutional law, EC law, news, parliament, prerogative powers, referendums, treaties by sally

‘Unlike many legal subjects, constitutional law involves an awareness of history. Conversely, a student of British Constitutional History benefits from an understanding of legal concepts. (Though, as a history undergraduate who in 1969 was taught the subject by Jenifer Hart, the wife of HLA Hart, any mention of the “rule of recognition” would have been lost on me.) As we await the decision of the Supreme Court, it is germane to consider the story of the UK’s accession to the EEC and other Communities in 1971-1973. The debates in the House of Commons in 1971-72 provide one with a good understanding of the legal and constitutional issue which were at play; as well, of course of the international, political and economic issues which engaged the attention of Ministers and backbenchers.’

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UK Constitutional Law Association, 19th January 2017

Source: www.ukconstitutionallaw.org

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Lord Sumption and the Limits of the Law: Is the Human Rights Project Undemocratic and Elitist? – Family Law Week

Posted January 5th, 2017 in constitutional law, human rights, judges, judiciary, news, treaties by tracey

‘David Bedingfield, barrister of 4 Paper Buildings, considers the arguments in a debate of vital importance to family lawyers.’

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Family Law Week, 4th January 2017

Source: www.familylawweek.co.uk

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David Howarth: On Parliamentary Silence – UK Constitutional Law Association

Posted December 13th, 2016 in constitutional law, EC law, news, parliament, referendums, royal prerogative, treaties by sally

‘One of the most striking aspects of the arguments of counsel in Miller, as Rachel Jones has pointed out, was how much the disagreement between the parties focussed on the meaning of silence. The government’s case boiled down to an assertion that silence on the issue of whether legislation was needed to invoke Article 50 of the Treaty of European Union in a succession of statutes – the European Communities Act 1972, the Referendum Act 1975, the European Union (Amendment) Act 2008, the European Union Act 2011 and the European Union Referendum Act 2015 – should be interpreted as parliament intending that the government was permitted to use the prerogative to invoke Article 50. For example, counsel for the government repeatedly argued that because some of these statutes, especially the 2008 and 2011 Acts, put restrictions on the exercise of the government’s foreign affairs prerogative power, it must follow that those statutes mean that other aspects of the prerogative must have been intended to have been left unfettered. Expressio unius exclusio alterius. On the other side, the applicants argued that parliament’s silence, especially in the 1972 Act, meant that it intended a specific pre-existing rule to apply, namely the rule that ministers could not use the prerogative, and in particular the foreign affairs prerogative, to change the law. They also argued that parliament’s subsequent silence in the other statutes confirmed that original choice.’

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UK Constitutional Law Association, 13th December 2016

Source: www.ukconstitutionallaw.org

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Rachel Jones: The Importance of Silences in the “Brexit” Appeals – UK Constitutional Law Association

‘Statutory silences are crucial to both sides. For Ms Miller, Lord Pannick contends that Parliament’s silence in the EU Referendum Act 2015 means that the Executive is not empowered to start the Article 50 process. Mr Eadie for the Government relies on the same silence for the diametrically opposed position.’

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UL Constitutional Law Association, 7th December 2016

Source: www.ukconstitutionallaw.org

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Theresa May faces new Brexit legal challenge – Daily Telegraph

Posted December 12th, 2016 in constitutional law, EC law, judicial review, news, Supreme Court, treaties, veto by sally

‘Theresa May faces a new challenge to her bid to start the process to take Britain out of the European Union after it emerged that opponents plan to launch a fresh legal action on Monday.’

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Daily Telegraph, 11th December 2016

Source: www.telegraph.co.uk

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Supreme court Brexit hearing: 10 things we learned – The Guardian

‘From the royal prerogative and Henry VIII clause to what makes lawyers laugh – and how to interpret a judge’s choice of tie.’

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The Guardian, 8th December 2016

Source: www.guardian.co.uk

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Lawyer urges supreme court to throw out Brexit case after article 50 vote – The Guardian

Posted December 9th, 2016 in constitutional law, news, parliament, prerogative powers, Supreme Court, trials by sally

‘The supreme court has been urged to throw out a momentous legal challenge to the government’s powers to trigger Brexit, with Downing Street lawyers claiming parliament’s support for exiting the EU was conclusively demonstrated this week.’

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The Guardian, 8th December 2016

Source: www.guardian.co.uk

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Robert Craig: Miller: The Statutory Basis Argument – A Primer – UK Constitutional Law Association

Posted December 6th, 2016 in appeals, constitutional law, EC law, news, royal prerogative, Supreme Court, treaties by sally

‘This is a brief (1200 words brief) summary of the ‘statutory basis’ argument. This post responds directly to the fact that, in the Supreme Court case being heard today, Lord Mance directly asked Mr Eadie QC whether Article 50 had been incorporated. Mr Eadie said that it was not because it did not have ‘direct effect’. It is suggested that the failure to claim Article 50 is in fact part of domestic law was mistaken. A strong argument can be made that triggering Article 50 could be done under an existing statutory power.’

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UK Constitutional Law Association, 5th December 2016

Source: www.ukconstitutionallaw.org

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Royal prerogative takes centre stage as supreme court Brexit case opens – The Guardian

‘Theresa May’s plan to implement Brexit without the authorisation of a vote in parliament would be “a contemporary necessity” rather than a misuse of outdated ancient royal powers, the attorney general said at the start of the most keenly awaited constitutional law case in recent memory.’

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The Guardian, 5th December 2016

Source: www.guardian.co.uk

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The judges protect us. It’s time to stand up for them – The Guardian

‘Brexiteers and their media allies have declared war on our judiciary. On behalf of the people, the supreme court must push back.’

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The Guardian, 5th December 2016

Source: www.guardian.co.uk

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Art 50: the clash of the Brexit case arguments – New Law Journal

Posted December 2nd, 2016 in constitutional law, EC law, news, parliament, prerogative powers, referendums, treaties by sally

‘Michael Zander QC reviews the written cases of the government & the lead claimants in next week’s Supreme Court hearing.’

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New Law Journal, 1st December 2016

Source: www.newlawjournal.co.uk

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Thomas Poole: Losing our Religion? Public Law and Brexit – UK Constitutional Law Association

‘Prerogative is the enemy of the people. This has been settled as matter of law for a very long time. The constitutional settlement of 1688 made a decision for responsible and representative government. We have had no constitutional moment of similar magnitude since. All constitutional changes – some very significant – have taken place within that foundational structure. The Bill of Rights treats prerogative as the antithesis of good government. Its primary target is a range of extra-legal powers hitherto asserted by the King, pride of place being given to the power to dispense with laws and the power to suspend Acts of Parliament.’

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UK Constitutional Law Association, 2nd December 2016

Source: www.ukconstitutionallaw.org

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Jeff King and Nick Barber: In Defence of Miller – UK Constitutional Law Association

‘Miller v Secretary of State for Exiting the European Union has stimulated quite a bit of debate. Some criticism of the decision has been well-informed and thoughtful, whilst some of it has been, to put it charitably, less worthy of engagement. In this post we respond to what we view as the strongest arguments against Miller, taking account of the Government’s written case for appeal. We discussed the reasoning used in the case in an earlier post written with Tom Hickman, and will not repeat that explanation here. This post assumes knowledge of that earlier piece, which was written with the lay reader in mind. The present piece, more legally detailed, is necessitated by the quite subtle replies to the argument in that original post and to the judgment in Miller.’

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UK Constitutional Law Association, 22nd November 2016

Source: www.ukconstitutionallaw.org

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Sarah Nason: Justice Outside London? An Update on ‘Regional’ Judicial Review – UK Constitutional Law Association

Posted November 17th, 2016 in Administrative Court, constitutional law, courts, judicial review, news by sally

‘In April 2009 Administrative Courts were established in Birmingham, Cardiff, Leeds and Manchester to deal with judicial review claims and other aspects of the Administrative Court’s jurisdiction. An important aim of this reform was to improve access to justice by ensuring that public law claims are issued and heard at the most appropriate location. In this post I consider some recent data relevant to whether the ‘regional’ Courts are continuing to achieve this aim in 2016.’

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UK Constitutional Law Association, 16th November 2016

Source: www.ukconstitutionallaw.org

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