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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Government loses Article 50 court fight – BBC News

Posted November 3rd, 2016 in appeals, constitutional reform, EC law, news, parliament, referendums, treaties by tracey

‘Parliament must vote on whether the UK can start the process of leaving the European Union, the High Court has ruled.’

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BBC News, 3rd November 2016

Source: www.bbc.co.uk

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Court battle looms over Brexit legality – The Guardian

‘Scores of QCs and lawyers will cram into court four on Thursday, the largest in London’s Royal Courts of Justice, to hear two and a half days of argument that could decide how – or conceivably even whether – the UK leaves the EU.’

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The Guardian, 13th October 2016

Source: www.guardian.co.uk

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Sionaidh Douglas-Scott: The ‘Great Repeal Bill’: Constitutional Chaos and Constitutional Crisis? – UK Constitutional Law Association

‘On October 2, Theresa May set out plans for a ‘Great Repeal Bill’ to be included in the next Queen’s Speech. There is very little detail currently available, but it appears this Bill is intended to remove the European Communities Act (ECA) 1972 from the statute book following completion of the Brexit negotiations. It would also incorporate current applicable EU law into an Act of Parliament and then allow the government to decide if/when to repeal, amend or retain individual measures in the future, following Brexit.’

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UK Constitutional Law Association, 10th October 2016

Source: www.ukconstitutionallaw.org

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What is the Great Repeal Bill? The Brexit law to end all EU laws (that we don’t like) – The Independent

Posted October 4th, 2016 in bills, constitutional reform, EC law, legislation, news, repeals by sally

‘The historic proposal aims to end the European Union’s legal supremacy in the UK by converting all EU requirements into British law as soon as Britain exits the bloc.’

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The Independent, 3rd October 2016

Source: www.independent.co.uk

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Government forced to release ‘secret arguments’ for triggering Article 50 ahead of anti-Brexit legal challenge – The Independent

Posted September 29th, 2016 in constitutional reform, disclosure, documents, EC law, news, parliament, referendums by tracey

‘A legal bid challenging Brexit has secured its first major success ahead of a High Court hearing. A senior judge has ordered the Government to reveal ‘secret’ legal arguments which it says means parliament does not have to be consulted on when to trigger Article 50. The decision has been heralded a major victory as a series of legal challenges trying to block Brexit are beginning.’

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The Independent, 28th September 2016

Source: www.independent.co.uk

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A democratic defence of the European Court of Human Rights – OUP Blog

Posted September 12th, 2016 in constitutional reform, courts, human rights, news, treaties by sally

‘“Vote leave, take control” was the slogan of almost fiendish simplicity that helped win the Brexit referendum, masking the mendacity and absence of vision that underlay it. The impulses it captures—wresting sovereignty back from remote elites to Westminster, with its proud democratic tradition—echo those that have for years underpinned the opprobrium directed at the European Court of Human Rights in Strasbourg in British public debate.’

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OUP Blog, 12th September 2016

Source: www.blog.oup.com

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Kenneth Campbell QC: Constitutional Discourse Post-referendum: Where Are We, and Where Are We Going Next? – UK Constitutional Law Association

Posted September 1st, 2016 in constitutional reform, EC law, elections, news, parliament, referendums by sally

‘In common with other constitutional and EU law sites, this blog glowed white hot in the immediate aftermath of the EU referendum. Understandably, many commentators were occupied with the roles of the UK Parliament and the executive exercise of prerogative powers in the mechanics of the giving of notice in terms of Art 50. Given the nature of these issues, scholarly and practitioner comment has been taken up in wider debate, and Nick Barber, Tom Hickman and Jeff King’s contribution has perhaps been particularly prominent. As the new political season approaches, this post seeks to assess the state of play about several current and medium term issues.’

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UK Constitutional Law Association, 1st September 2016

Source: www.ukconstitutionallaw.org

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MPs reject bill to change Britain’s voting system to proportional representation – The Independent

Posted July 21st, 2016 in bills, constitutional reform, elections, news, parliament by tracey

‘MPs have rejected a bill that would have changed Britain’s voting system to a form of proportional representation.’

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The Independent, 20th July 2016

Source: www.independent.co.uk

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Brexit and UK company law – OUP Blog

Posted July 19th, 2016 in company law, constitutional reform, EC law, news, treaties by sally

‘Most discussion relating to the referendum result has focussed on the effect that Brexit will have upon our constitutional arrangements or workers’ rights. This blog post will focus on the effect that Brexit will have upon the UK system of company law. Unfortunately, the current uncertainty regarding the terms on which the UK will leave the EU (if indeed it does) means that a definitive answer cannot be provided, but several principal possibilities can be advanced.’

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OUP Blog, 19th July 2016

Source: www.blog.oup.com

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Yossi Nehushtan: Why Is It Illegal for the Prime Minister to Perceive the EU Referendum’s Result as Morally-Politically Authoritative? – UK Constitutional Law Association

‘On the legal front, the current debate focuses on the question of who has the legal authority to trigger Article 50 of the Lisbon Treaty and begin the Brexit process. Some argue (quite convincingly) that only Parliament has this authority (and see Barber, Hickman, and King’s post). Others argue that Government, and in fact the Prime Minister, acting under the Royal Prerogative, can act without the approval of Parliament. The latter is, apparently, the view of Government’s lawyers.’

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UK Constitutional Law Association, July 2016

Source: www.ukconstitutionallaw.org

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Chilcot’s lessons on going to war must be enshrined in law – The Guardian

Posted July 7th, 2016 in constitutional reform, Iraq, news, parliament, reports, war, weapons by sally

‘A robust and agreed framework should be followed by future cabinets before decisions on military action are taken.’

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The Guardian, 6th July 2016

Source: www.guardian.co.uk

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Brexit: Legal steps seek to ensure Commons vote on Article 50 – BBC News

‘A law firm is taking action to ensure the formal process for the UK leaving the EU is not started without an act of Parliament.’

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BBC News, 4th July 2016

Source: www.bbc.co.uk

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What now for human rights in the UK post-Brexit? – Halsbury’s Law Exchange

Posted July 5th, 2016 in bills, constitutional reform, courts, EC law, human rights, news, treaties by sally

‘Theresa May, expected to shortly emerge as the “stop Boris” prime ministerial candidate in this post-referendum world, kept her head down during the Brexit campaign apart from one notable intervention.’

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Halsbury’s Law Exchange, 4th July 2016

Source: www.halsburyslawexchange.co.uk

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Ewan Smith: What Would Happen if the Government Unlawfully Issued an Article 50 Notification without Parliamentary Approval? – UK Constitutional Law Association

Posted June 30th, 2016 in constitutional reform, EC law, news, parliament, treaties by tracey

‘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 an notification under Article 50 of the Treaty of the European Union. I agree with them.’

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UK Constitutional Law Association, 30th June 2016

Source: www.ukconstitutionallaw.org

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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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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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What are the legal implications if Britain votes leave? – The Guardian

Posted June 21st, 2016 in constitutional reform, EC law, news, notification, referendums by sally

‘Even if the electorate decides against the EU on Thursday, there will still be several legal obstacles confronting the Brexiteers before they can achieve their goal.’

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The Guardian, 21st June 2016

Source: www.guardian.co.uk

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The UK’s “New Settlement” within the EU – A Reform Package for the Whole Union – Henderson Chambers

Posted June 2nd, 2016 in constitutional reform, EC law, news, referendums by sally

‘The Decision of the Heads of State or Government meeting within the European Council, which was annexed to the Conclusions of the European Council of 18 and 19 February 2016, describes the arrangements it contains as “a new settlement for the United Kingdom within the European Union”. The Decision does, of course, offer the UK a new settlement, responding systematically, and generously, to the four points raised by Mr Cameron in his letter of 10 November 2015 to Mr Donald Tusk, the European Council President. But it does more than that. The view I want briefly to develop this afternoon is that the Decision represents an important reform package, from which the EU as a whole will benefit immensely, if only it comes into force. And that depends on the vote on 23 June.’

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Henderson Chambers, 19th May 2016

Source: www.hendersonchambers.co.uk

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