Category: brexit

Keith Ewing: A Review of the Miller Decision – UK Constitutional Law Association

Posted November 10th, 2016 in bills, brexit, constitutional law, EC law, media, news, parliament, referendums, royal prerogative, treaties by sally

‘Shortly after the referendum on 23 June, demands were made that continuing EU membership should now be considered by Parliament, with a view it seems to stop BREXIT happening, and to frustrate the will of the 17 million who voted to leave. Indeed, the Guardian carried an article only five days later on ‘How we can stop Brexit – lobby our MPs’ (29 June 2016), no doubt as inflammatory and unacceptable to the BREXITEERS as subsequent developments have been to the REMAINERS. Fearing that Parliament was being enlisted with an agenda to defeat the referendum result, it is not surprising that the BREXITEERS should wish to exclude Parliament from the process altogether.’

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UK Constitutional Law Association, 10th November 2016

Source: www.ukconstitutionallaw.org

David Feldman: Brexit, the Royal Prerogative, and Parliamentary Sovereignty – UK Constitutional Law Association

Posted November 9th, 2016 in brexit, constitutional law, EC law, news, parliament, referendums, royal prerogative, treaties by sally

‘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 the constitutionally correct procedure for deciding whether and when to notify the President of the European Council that the UK intends to leave the EU, pursuant to Article 50 of the Treaty on European Union. This legal question is fraught with difficulty. The situation is unprecedented, so judges have to answer the question from constitutional first principles. Inevitably in such cases there is room for disagreement as to what the first principles are, and (more intractably) what weight each has as against the others in the particular circumstances of the case.’

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UK Constitutional Law Association, 8th November 2016

Source: www.ukconstitutionallaw.org

European Parliament considers plan to let individual Brits opt-in to keep their EU citizenship – The Independent

Posted November 9th, 2016 in amendments, brexit, citizenship, EC law, freedom of movement, news by sally

‘The European Parliament is to consider a plan that would allow British citizens to opt-in and keep their European Union citizenship – and its associated benefits – once the UK leaves the EU.’

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The Independent, 8th November 2016

Source: www.independent.co.uk

Brexit: Former top judge warns over Article 50 appeal – BBC News

Posted November 8th, 2016 in appeals, brexit, EC law, judges, media, news, parliament, treaties by sally

‘The justice system could be undermined if a ruling that only Parliament can trigger Brexit is overturned, a former lord chief justice has said.’

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BBC News, 7th November 2016

Source: www.bbc.co.uk

Crown prosecutors consider complaint against Brexit EU referendum campaigns – The Independent

Posted November 8th, 2016 in brexit, complaints, Crown Prosecution Service, EC law, elections, news, political parties, referendums, treaties by sally

‘Crown prosecutors are considering a complaint that the Leave campaign misled voters during the EU referendum campaign.’

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The Independent, 7th November 2016

Source: www.independent.co.uk

Liz Truss defends judiciary after Brexit ruling criticism – The Guardian

Posted November 7th, 2016 in brexit, EC law, judiciary, news, parliament, prerogative powers, referendums, treaties by sally

‘The lord chancellor, Liz Truss, has broken her silence on the high court’s Brexit ruling, saying the independence of the judiciary was the “foundation upon which our rule of law is built”.’

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The Guardian, 5th November 2016

Source: www.guardian.co.uk

The vicious assault on UK judges by the Brexit press is a threat to democracy – The Guardian

Posted November 7th, 2016 in brexit, EC law, judiciary, media, news, parliament, referendums, treaties by sally

‘The judiciary is a vital pillar of our constitution. The government must defend it from these unconscionable attacks – or put all our freedoms at risk.’

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The Guardian, 4th November 2016

Source: www.guardian.co.uk

Brexit high court decision means nothing has been ruled out – The Guardian

Posted November 7th, 2016 in brexit, EC law, judiciary, news, parliament, referendums, treaties by sally

‘Parliament has been jolted back to life by three judges, and the British political landscape is once again one of fury, division and uncertainty.’

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The Guardian, 6th November 2016

Source: www.guardian.co.uk

Seizing our sovereignty or declaring war on democracy: split view on judges’ ruling – The Guardian

Posted November 7th, 2016 in brexit, EC law, judiciary, news, referendums, treaties by sally

‘Six leading figures during the EU referendum speak out.’

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The Guardian, 6th November 2016

Source: www.guardian.co.uk

Truss and May forced to defend article 50 judges after public backlash – The Guardian

Posted November 7th, 2016 in brexit, EC law, judiciary, news, parliament, referendums, treaties by sally

‘Theresa May and her justice secretary, Liz Truss, have been forced to defend the three high court judges who made the controversial high court judgment about Brexit in the face of days of public backlash.’

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The Guardian, 6th November 2016

Source: www.guardian.co.uk

High Court to rule on Brexit legal battle and Theresa May’s decision to use the royal prerogative – Daily Telegraph

Posted November 3rd, 2016 in brexit, EC law, elections, news, parliament, referendums, treaties by tracey

‘This morning the High Court will rule on a court action against Theresa May to prevent her using executive powers under the royal prerogative to start the process of leaving the European Union.’

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Daily Telegraph, 3rd November 2016

Source: www.telegraph.co.uk

Post Brexit Hate Crimes – Halsbury’s Law Exchange

Posted October 21st, 2016 in brexit, EC law, hate crime, news, racism, referendums by sally

‘As the party faithful gathered in Birmingham earlier this month, one Tory MP wasn’t going to take any lessons from a Strasbourg-based watchdog over their concerns about a rise in post-Brexit hate crime in the UK. Peter Bone had done his own research. “I did not come across a single racist person in the thousands of miles I travelled during the referendum campaign,” he told The Daily Mail.’

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Halsbury’s Law Exchange, 20th October 2016

Source: www.halsburyslawexchange.co.uk

Parliament ‘very likely’ to be asked to agree Brexit deal – The Guardian

Posted October 19th, 2016 in brexit, EC law, news, parliament, treaties by sally

‘Parliament is “very likely” to be asked to ratify any future treaty agreement with the European Union, the high court has been told by lawyers for the government.’

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The Guardian, 18th October 2016

Source: www.guardian.co.uk

Hundreds of UK lawyers register in Ireland in Brexit insurance move – The Guardian

Posted October 18th, 2016 in brexit, courts, EC law, Ireland, legal profession, news, rights of audience, solicitors by sally

‘More than 700 British solicitors have applied to register with the Law Society of Ireland this year as lawyers scramble to secure professional rights of audience in European courts.’

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The Guardian, 17th October 2016

Source: www.guardian.co.uk

Brexit case ‘of fundamental constitutional importance’ – BBC News

Posted October 14th, 2016 in brexit, constitutional law, EC law, news, parliament, prerogative powers, referendums, treaties by sally

‘The need for Parliament to give its approval before the Brexit process starts is of huge “constitutional importance”, the High Court has heard.’

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BBC News, 13th October 2016

Source: www.bbc.co.uk

Court battle looms over Brexit legality – The Guardian

Posted October 13th, 2016 in brexit, constitutional law, constitutional reform, EC law, news, parliament, referendums, treaties by tracey

‘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

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

Posted October 11th, 2016 in bills, brexit, constitutional law, constitutional reform, devolution issues, EC law, news, repeals, treaties by sally

‘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

New Bingham Centre for the Rule of Law Briefing Paper: ‘Parliament and the Rule of Law in the Context of Brexit’ – UK Constitutional Law Association

Posted October 7th, 2016 in brexit, devolution, EC law, legislative drafting, news, parliament, referendums, rule of law by tracey

‘The Bingham Centre for the Rule of Law published a new Briefing Paper on 29 September 2016. Titled “Parliament and the Rule of Law in the Context of Brexit”, it aims to inform the work of Parliament by setting out preliminary rule of law issues relating to Brexit.’

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UK Constitutional Law Association, 5th October 2016

Source: www.ukconstitutionallaw.org

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, brexit, 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

Arguments in the referendum challenge now available – UK Human Rights Blog

Posted October 3rd, 2016 in brexit, devolution, EC law, news, prerogative powers, referendums, treaties by sally

‘The imminent litigation concerning the government’s response to the Brexit vote is much anticipated. The skeleton arguments have now been filed. The High Court has just resisted an application for partial redaction of the arguments, so they are open for public perusal.’

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UK Human Rights Blog, 29th September 2016

Source: www.ukhumanrightsblog.com