Theresa May faces legal challenge over proposed deal with DUP – The Guardian

‘Theresa May is facing a landmark legal challenge over her proposed deal with the Democratic Unionist party on the grounds that it breaches the Good Friday agreement.’

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The Guardian, 20th June 2017

Source: www.theguardian.com

Breverse: Politically Problematic but Legally Possible, by Rosie Slowe – UK Human Rights Blog

Posted June 15th, 2017 in constitutional law, EC law, elections, news, parliament, treaties by sally

‘On 29 March 2017, Theresa May’s Article 50 letter of notice was delivered to Donald Tusk, thereby formally triggering the Treaty-based process for the UK’s withdrawal from the EU. The question remains: is this trajectory irreversible, or can the UK rescind its notification?’

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UK Human Rights Blog, 14th June 2017

Source: ukhumanrightsblog.com

Kenneth Armstrong: Has Article 50 Really Been Triggered? – UK Constitutional Law Association

Posted June 15th, 2017 in constitutional law, EC law, news, parliament, treaties by sally

‘With the Supreme Court handing down its judgment in Miller v Secretary of State for Exiting the EU on 24 January this year, one might have been forgiven for thinking that the issues around the legality of the triggering of Article 50 had been settled. As we all now know, the Supreme Court decided that Parliament had to give legislative authority for UK ministers lawfully to notify the UK of its intention to withdraw from the EU. The European Union (Notification of Withdrawal) Act 2017 was enacted and the Prime Minister duly wrote President Tusk her Article 50 letter.’

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UK Constitutional Law Association, 14th June 2017

Source: ukconstitutionallaw.org

Colin Harvey and Daniel Holder: The Great Repeal Bill and the Good Friday Agreement – Cementing a Stalemate or Constitutional Collision Course? – UK Constitutional Law Association

‘As predicted, Brexit is proving to be profoundly destabilising for the peace process and the constitutional politics of Northern Ireland. An outcome that lacks the consent of the people of Northern Ireland (a majority voted to remain) is re-opening fundamental questions about future relationships across these islands. We argue that this constitutional mess has potentially created a ‘perfect storm’, and leaves many here struggling with the troubling consequences.’

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UK Constitutional Law Association, 6th June 2017

Source: ukconstitutionallaw.org

All out war: Brexit & the Chartist movement – New Law Journal

Posted June 2nd, 2017 in constitutional law, EC law, news, referendums, treason by sally

‘Could the way in which Vote Leave used its NHS funding pledge during the EU referendum campaign amount to the offence of treason felony?’

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New Law Journal, 1st June 2017

Source: www.newlawjournal.co.uk

What is the Fixed-term Parliaments Act ? – Daily Telegraph

Posted June 1st, 2017 in constitutional law, elections, legislation, news, parliament, time limits by sally

‘The conditions for when a snap election can be called were significantly restricted by the Fixed-term Parliaments Act of 2011. The Act of Parliament, which was part of the Conservative–Liberal Democrat coalition agreement produced after the 2010 general election, was introduced fixed-term elections to the Westminster parliament.’

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Daily Telegraph, 31st May 2017

Source: www.telegraph.co.uk

Brexit may cost MPs and peers the power to pass laws, says former judge – The Guardian

‘The “legislative tsunami” unleashed by Brexit will deliver the “greatest challenge” in history to the integrity of parliament’s procedures, a former lord chief justice has said. Lord Judge raised his concerns that by the time Brexit is completed and the “great repeal bill” enacted, MPs and peers will have effectively given away their powers to pass laws.’

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The Guardian, 3rd May 2017

Source: www.guardian.co.uk

Eirik Bjorge: The Dualist System of the English Constitution and the Victorian Acquis – UK Constitutional Law Association

Posted May 2nd, 2017 in constitutional law, news, parliament, treaties by sally

‘The Supreme Court in Miller set out the model that ‘the dualist system is a necessary corollary of Parliamentary sovereignty’ (para 57), or in the words of Campbell McLachlan in his admirable Foreign Relations Law, cited by the Supreme Court:

“If treaties have no effect within domestic law, Parliament’s legislative supremacy within its own polity is secure. If the executive must always seek the sanction of Parliament in the event that a proposed action on the international plane will require domestic implementation, parliamentary sovereignty is reinforced at the very point at which the legislative power is engaged (para 5.20).”‘

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UK Constitutional Law Association, 28th April 2017

Source: www.ukconstitutionallaw.org

Robert Hazell: Is the Fixed-term Parliaments Act a Dead Letter? – UK Constitutional Law Association

‘The ease with which Theresa May was able to secure an early dissolution last week has led to suggestions that the Fixed-term Parliaments Act 2011 serves no useful purpose and should be scrapped. Drawing on wider evidence of how fixed-term parliaments legislation works in other countries, Robert Hazell argues that there is a danger that it is being judged prematurely, on the basis of a single episode. Future circumstances in which a Prime Minister seeks a dissolution may be different, and in these cases the Fixed-term Parliaments Act may serve as more of a constraint.’

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UK Constitutional Law Association, April 2017

Source: www.ukconstitutionallaw.org

Jeff King: May’s Gambit – UK Constitutional Law Association

Posted April 20th, 2017 in constitutional law, elections, news, parliament, time limits by sally

‘Theresa May has deftly launched a gambit to get around the core purpose of the Fixed Term Parliaments Act 2011 – and all signs are that it will succeed without delay. The purpose of that Act (for a tidy summary of resources see here) was to stop prime ministers from calling an election at a time that suited the Government’s rather than the country’s political future. The Coalition Government formed between the Conservatives and Liberal Democrats in 2010 gave effect to the insistence by the Liberal Democrats that legislation put an end to the Prime Minister’s power to call an election at will. The Act prescribes five year periods between elections, alterable only by (1) the passing by the House of Commons of a motion of non-confidence without subsequent withdrawal, or (2) the passing by the House of Commons of a motion calling for an early election by a majority of two-thirds. The election that follows an early election will occur in May of the fifth calendar year following the early election.’

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UK Constitutional Law Association, 19th April 2017

Source: www.ukconstitutionallaw.org

What is the Fixed-term Parliaments Act? – The Guardian

Posted April 18th, 2017 in constitutional law, elections, news, parliament, time limits by sally

‘Coalition agreement introduced five-year parliaments but act allows for early elections if two-thirds of MPs vote in favour.’

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The Guardian, 18th April 2017

Source: www.guardian.co.uk

K M Hayne: The ‘Great Repeal Bill’ – UK Constitutional Law Association

‘In the White Paper published in February this year (“The United Kingdom’s exit from and new partnership with the European Union” Cm 9417), the very first point made was that the “Great Repeal Bill” will “remove the European Communities Act 1972 from the statute book and convert the ‘acquis’ – the body of existing EU law – into domestic law”. It was said that “[t]his means that, wherever practical and appropriate, the same rules and laws will apply on the day after [the United Kingdom] leave[s] the EU as they did before”.’

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UK Constitutional Law Association, 12th April 2017

Source: www.ukconstitutionallaw.org

Rosie Slowe: Article 50 Notice and Implied Conditionality – UK Human Rights Blog

‘More substantive than the 137 word EU (Notification of Withdrawal) Act 2017 (‘Notification Act’), which was passed by Parliament on 13 March, the Prime Minister’s 6 page letter of notice, issued under Article 50 TEU, is lacking in one crucial respect. This post asserts that, as a matter of UK constitutional law and in accordance with the EU Treaties as well as customary international law, conditionality should be inferred into this notice. Such conditionality manifests in the requirement of domestic Parliamentary approval at the end of the Article 50 negotiation process.’

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UK Human Rights Blog, 7th April 2017

Source: www.ukhumanrightsblog.com

The government’s ‘English votes for English laws’ review: an assessment – UCL Constitution Unit

Posted April 7th, 2017 in constitutional law, devolution, news, parliament, reports, veto by tracey

‘Last Thursday the government published its technical review of the operation of the “English votes for English laws” (EVEL) procedures in the House of Commons. The review concluded against making “any substantive changes”. Daniel Gover and Michael Kenny argue that this is a missed opportunity. The decision to close down this chance for parliament to engage in meaningful debate about the EVEL system is regrettable, and may prove to be short-sighted.’

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UCL Constitution Unit, 5th April 2017

Source: www.ucl.ac.uk/constitution-unit

Elizabeth Campion: The Constitutional “Ripple Effect” of the European Union (Notification of Withdrawal) Act 2017 – UK Constitutional Law Association

‘Miller and others v Secretary of State for Exiting the European Union [2017] UKSC 5 was highly anticipated as perhaps the most signficant constitutional case of this generation, stirring up such strong reactions that the judges of the Divisional Court who initially decided in favour of Ms. Miller were dubbed “Enemies of the People”. Two months after a majority of an 11-member Supreme Court confirmed that prerogative powers could not be used to invoke Article 50, however, the European Union (Notification of Withdrawal) Act 2017 (hereafter referred to as the “Withdrawal Act”) received Royal Assent, conferring power on the Prime Minister to give the notification required to begin the process of the United Kingdom’s withdrawal from the European Union. The passage of the Withdrawal Act fulfilled the constitutional requirements identified in Miller formally, within the purely political timetable set by the Prime Minister at the Conservative Party’s conference and without any additional legal requirements being imposed by way of amendment. This not only sets the stage but also prepares the way for a more permanent sidelining of Parliament as the supreme legislative body in the UK’s constitution as part of the process of leaving the European Union.’

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UK Constitutional Law Association, 27th March 2017

Source: www.ukconstitutionallaw.org

Alexander Horne: Select Committee Powers of Enforcement – UK Constitutional Law Association

‘On 7 March 2017, the House of Commons Committee of Privileges announced a new inquiry into the exercise and enforcement of the powers of the House in relation to select committees and contempts of Parliament.’

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UK Constitutional Law Association, 23rd March 2017

Source: www.ukconstitutionallaw.org

Theresa May warned that Brexit is ‘heading back to the courts’ after she refuses to give MPs a ‘meaningful vote’ – The Independent

Posted March 14th, 2017 in constitutional law, constitutional reform, EC law, news, parliament, treaties by tracey

‘Theresa May has been warned that Brexit is heading back to the courts after she refused to give MPs a “meaningful vote” on any final deal.’

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The Independent, 13th March 2017

Source: www.independent.co.uk

Rosie Slowe: Reflections on the ‘Three Knights Opinion’ and Article 50 TEU – UK Human Rights Blog

‘On 17 February 2017, Bindmans LLP published an Opinion solicited from several leading authorities on EU law concerning Article 50 TEU. The so-dubbed ‘Three Knights Opinion’ put forward compelling legal arguments in support of why an Act of Parliament at the end of the Article 50 negotiation process is necessary in order to ensure that Brexit occurs in accordance with domestic and, by extension, EU law. These contentions, and Professor Elliot’s rebuttal, warrant careful consideration.’

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UK Human Rights Blog, 9th March 2017

Source: www.ukhumanrightsblog.com

Mark Elliott and Stephen Tierney: The ‘Great Repeal Bill’ and Delegated Powers – UK Constitutional Law Association

‘A good deal of the legal and constitutional interest generated by Brexit has so far, perhaps unsurprisingly, focussed upon the very beginning of the withdrawal process. Initially, all eyes were on the courts, with the Supreme Court holding in R (Miller) v Secretary of State for the European Union [2017] UKSC 5 that the Article 50 mechanism can be activated only with Parliament’s legislative blessing. As a result of that landmark judgment, attention has now switched to Parliament, through which the European Union (Notification of Withdrawal) Bill is presently passing.’

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UK Constitutional Law Association, 7th March 2017

Source: www.ukconstitutionallaw.org

Speech by Mr Justice Singh: Divided by a common language – American and British perspectives on constitutional law – Courts and Tribunals Judiciary

‘Divided by a common language: American and British perspectives on constitutional law.’

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Courts and Tribunals Judiciary, 27th February 2017

Source: www.judiciary.gov.uk