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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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Brexit without the authorisation of a vote in parliament would be “a contemporary necessity” rather than a misuse of outdated ancient royal powers, the attorney general said at the start of the most keenly awaited constitutional law case in recent memory.’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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Everything you need to know about the Supreme Court judgment on Brexit – The Independent

Posted December 5th, 2016 in EC law, news, parliament, prerogative powers, referendums, Supreme Court, treaties by sally

‘The Government’s challenge against the High Court ruling that parliamentary approval is required to start the process of leaving the European Union will be hard tomorrow.’

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The Independent, 4th December 2016

Source: www.independent.co.uk

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Share of EU litigants using English courts falls further – OUT-LAW.com

Posted December 5th, 2016 in choice of forum, dispute resolution, news, referendums, treaties by sally

‘The share of European litigants opting to settle their disputes in the English courts has fallen for the fourth successive year, down to 20% from a peak of 35% in 2012/13, according to annual research.’

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OUT-LAW.com, 2nd December 2016

Source: www.out-law.com

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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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Senior judges prepare to hear Brexit supreme court appeal – The Guardian

Posted December 5th, 2016 in EC law, news, parliament, prerogative powers, referendums, Supreme Court, treaties by sally

‘All 11 of the UK’s most senior judges will take their seats on the supreme court bench on Monday to decide whether parliament or the government has the authority to trigger Brexit.’

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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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Why our 21st century democracy needs the spirit of 1647 – The Guardian

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

‘The article 50 supreme court hearings won’t solve our systemic crisis. We need a new way to connect people and state.’

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The Guardian, 2nd December 2016

Source: www.guardian.co.uk

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Disability and homelessness: bringing home human rights – Cloisters

Posted December 1st, 2016 in disabled persons, homelessness, human rights, local government, news, treaties by sally

‘Sally Robertson considers the decision of R (GS) v London Borough of Camden [2016] EWHC 1762 (Admin), 27 July 2016 in this blog.’

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Cloisters, 9th November 2016

Source: www.cloisters.com

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Competition Law claims post-Brexit: the issue of applicable law – Blackstone Chambers

Posted December 1st, 2016 in competition, EC law, news, treaties by sally

‘Once notification is given by the UK Government of its intention to withdraw from the European Union under Article 50 TFEU, EU law will cease to apply in the UK after the expiry of two years (absent an agreement between all 28 Member States extending the relevant period). What then happens to the UK’s competition law regime, which is closely intertwined with EU law, both substantively and procedurally?’

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Blackstone Chambers, 22nd November 2016

Source: www.blackstonechambers.com

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Islands of jurisdiction for competition damages claims in a post-Brexit world – Blackstone Chambers

Posted December 1st, 2016 in competition, damages, EC law, jurisdiction, news, treaties by sally

‘When the UK leaves the EU, the rules governing jurisdiction in cross-border competition damages claims will likely change. Most immediately, this will impact those who had acquired pre-Brexit causes of action for breach of statutory duty under section 2(1) of the European Communities Act 1972, based on Articles 101 and Articles 102 TFEU. The doctrine of acquired rights would preserve such causes of action;[1] but it is unlikely to preserve EU rules of jurisdiction in relation to them. Thereafter, the changes will impact those able to establish post-Brexit causes of action based on foreign laws, as Kieron Beal QC has explained. In either case, Claimants may wish to establish English jurisdiction, including as against EU domiciled defendants. This post considers some of the issues likely to be encountered.’

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Blackstone Chambers, 22nd November 2016

Source: www.blackstonechambers.com

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What is Article 127 – and why could it be central to Brexit? – Daily Telegraph

Posted November 29th, 2016 in EC law, news, parliament, referendums, treaties by sally

‘Theresa May has claimed that the Government’s plans for Brexit are “on track”.’

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Daily Telegraph, 28th November 2016

Source: www.telegraph.co.uk

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Brexit: Legal battle over UK’s single market membership – BBC News

Posted November 29th, 2016 in appeals, EC law, export controls, news, referendums, Supreme Court, treaties by sally

‘The government is facing a legal battle over whether the UK stays inside the single market after it has left the EU, the BBC has learned.’

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BBC News, 28th November 2016

Source: www.bbc.co.uk

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Responding to human rights judgments: 2014 to 2016 – official-documents.gov.uk

Posted November 23rd, 2016 in courts, declarations of incompatibility, human rights, judgments, reports, treaties by tracey

‘This report sets out the government’s position on the implementation of human rights judgments from the European Court of Human Rights and our domestic courts.’

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official-documents.gov.uk, 18th November 2016

Source: www.official-documents.gov.uk

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Supreme Court’s most senior judge urged to stand down from Article 50 legal hearing over wife’s anti-Brexit Twitter posts – Daily Telegraph

Posted November 21st, 2016 in conflict of interest, EC law, judges, news, recusal, referendums, Supreme Court, treaties by sally

‘The Supreme Court’s most senior judge has been urged to stand down from a crucial legal hearing on Britain’s withdrawal from the European Union after it emerged his wife had posted a series of anti-Brexit tweets.’

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Daily Telegraph, 18th November 2016

Source: www.telegraph.co.uk

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Unelected judges decline to prevent deportation of foreign criminal – UK Human Rights Blog

Posted November 17th, 2016 in appeals, deportation, human rights, news, Supreme Court, treaties by sally

‘Amid a level of scrutiny unprecedented in the Supreme Court’s seven-year history, that is a headline unlikely to make it into tomorrow’s tabloids.’

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UK Human Rights Blog, 16th November 2016

Source: www.ukhumanrightsblog.com

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BREXIT: Hard Brexit will bring £1.2 billion hit to British importers, says study – OUT-LAW.com

Posted November 16th, 2016 in agreements, competition, EC law, news, reports, treaties by sally

‘Losing access to the EU’s trade agreements would cost UK importers an extra £1.2 billion a year, according to research conducted on behalf of the Open Britain campaign.’

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OUT-LAW.com, 15th November 2016

Source: www.out-law.com

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The Brexit Article 50 Ruling In Plain English – RightsInfo

Posted November 16th, 2016 in appeals, EC law, news, parliament, royal prerogative, Supreme Court, treaties by sally

‘The High Court has ruled that the UK Government cannot legally begin the process of leaving the EU without first consulting Parliament. What does the decision mean for our rights and what happens next?’

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RightsInfo, 11th November 2016

Source: www.rightsinfo.org

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