Stephen Tierney: The Legislative Supremacy of Government – UK Constitutional Law Association

Posted July 4th, 2018 in bills, constitutional law, EC law, news, parliament, prerogative powers by sally

‘At the same time as Parliament prepares to ‘take back control’ from Brussels, the executive is in fact accruing to itself further control over the legislative process. In this post I address a number of trends – only some of which are a direct consequence of the unique circumstances of Brexit – which suggest a deeper realignment of institutional power within the constitution and a consequent diminution of Parliament’s legislative power.’

Full Story

UK Constitutional Law Association, 3rd July 2018

Source: 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.’

Full story

UK Human Rights Blog, 7th April 2017

Source: www.ukhumanrightsblog.com

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.’

Full story

UK Constitutional Law Association, 27th March 2017

Source: www.ukconstitutionallaw.org

Attorney general defends article 50 litigation costs – Law Society’s Gazette

Posted March 17th, 2017 in costs, EC law, news, prerogative powers, referendums, Supreme Court by tracey

‘The attorney general has defended the government’s decision to take the fight over how article 50 is triggered to the highest UK court, assuring MPs that the cost of the appeal will be published “in due course”.’

Full story

Law Society’s Gazette, 16th March 2017

Source: www.lawgazette.co.uk

Miller and the modern British Constitution – Counsel

‘Miller reveals the malleability of the parliamentary sovereignty doctrine, argues Professor Mark Elliott in his examination of the many tensions which lie at the heart of the majority judgment.’

Full story

Counsel, March 2017

Source: www.counselmagazine.co.uk

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.’

Full story

The Independent, 14th February 2017

Source: www.independent.co.uk

Brexit and muddled thinking – OUP Blog

Posted February 3rd, 2017 in EC law, markets, news, parliament, prerogative powers, referendums, treaties by sally

‘When Sir Ivan Rogers stepped down in January as the UK’s top official in Brussels, he urged his colleagues to “continue to challenge ill-founded arguments and muddled thinking” and not to be afraid “to speak the truth to those in power.” The implication was clear. The government’s Brexit preparations displayed all these failings but the politicians responsible did not like having this pointed out.’

Full story

OUP Blog, 3rd February 2017

Source: www.blog.oup.com

R (on the application of Miller and another) v Secretary of State for Exiting the European Union – Blackstone Chambers

Posted January 27th, 2017 in devolution issues, EC law, news, parliament, prerogative powers, referendums, treaties by sally

‘Following one of the most constitutionally significant legal challenges in a generation, the Supreme Court today handed down its judgment in the Article 50 Brexit appeal. By a majority of eight to three, the Justices held that the UK could not trigger Article 50 without an Act of Parliament. The Court also ruled that the UK Government was not compelled to consult the devolved institutions or obtain their approval to withdraw.’

Full story

Blackstone Chambers, 24th January 2017

Source: www.blackstonechambers.com

Brexit judgment: oil and water don’t mix – Law Society’s Gazette

‘Politics and the law were kept well apart in the Supreme Court’s adroit and erudite judgment in Miller.’

Full story

Law Society’s Gazette, 26th January 2017

Source: www.lawgazette.co.uk

Four versions of Brexit law prepared as Government braced for Supreme Court defeat in Article 50 case – Daily Telegraph

Posted January 23rd, 2017 in EC law, legislative drafting, news, prerogative powers, Supreme Court, treaties by sally

‘Four different versions of the law giving Theresa May the power to start Brexit have already been prepared as ministers brace themselves for Supreme Court defeat this week.’

Full story

Daily Telegraph, 21st January 2017

Source: www.telegraph.co.uk

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.’

Full story

UK Constitutional Law Association, 19th January 2017

Source: www.ukconstitutionallaw.org

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.’

Full story

UL Constitutional Law Association, 7th December 2016

Source: www.ukconstitutionallaw.org

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.’

Full story

The Guardian, 8th December 2016

Source: www.guardian.co.uk

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.’

Full story

The Independent, 4th December 2016

Source: www.independent.co.uk

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.’

Full story

The Guardian, 5th December 2016

Source: www.guardian.co.uk

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.’

Full story

The Guardian, 5th December 2016

Source: www.guardian.co.uk

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.’

Full story

New Law Journal, 1st December 2016

Source: www.newlawjournal.co.uk

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.’

Full story

UK Constitutional Law Association, 2nd December 2016

Source: www.ukconstitutionallaw.org

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.’

Full story

The Guardian, 2nd December 2016

Source: www.guardian.co.uk

Liz Truss defends judiciary after Brexit ruling criticism – The Guardian

Posted November 7th, 2016 in 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”.’

Full story

The Guardian, 5th November 2016

Source: www.guardian.co.uk