Francis Young: Parliament and Taking Back Control: A Precedent from the Maastricht Debates – UK Constitutional Law Association

Posted June 18th, 2018 in bills, constitutional law, EC law, news, parliament, referendums, treaties by sally

‘This post considers whether it is a convention of the British constitution that Parliament cannot direct the executive in the making of treaties. The context, of course, is the current tussle over whether the European Union (Withdrawal) Bill should be amended to allow the House of Commons a “meaningful vote” on the outcome of the current negotiations with the EU.’

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UK Constitutional Law Association, 15th June 2018

Source: ukconstitutionallaw.org

Leave.EU fined £70k over breaches of electoral law – The Guardian

Posted May 11th, 2018 in elections, fines, loans, news, referendums by sally

‘Leave.EU has been fined £70,000 and its chief officer has been referred to the Metropolitan police after the Electoral Commission found it had breached multiple counts of electoral law during the referendum to leave the European Union.’

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The Guardian, 11th May 2018

Source: www.theguardian.com

Court of Appeal backs decision to put neighbourhood plan to referendum – Local Government Lawyer

Posted March 21st, 2018 in local government, news, planning, referendums by tracey

‘Leeds City Council did not act unlawfully when it put a neighbourhood plan to a referendum after modifications had been made that partly differed from those recommended by the examiner, the Court of Appeal has said.’

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Local Government Lawyer, 20th March 2018

Source: www.localgovernmentlawyer.co.uk

Leah Trueblood: The Merits and Meaning of a ‘Second’ Referendum – UK Constitutional Law Association

Posted February 5th, 2018 in constitutional law, constitutional reform, news, referendums, treaties by sally

‘Even before the vote on 23 June 2016, questions were raised about the possibility of a ‘second’ referendum. I place the term ‘second’ in inverted commas because the idea that another vote means another referendum reflects a misunderstanding both about (i) what a referendum is and (ii) the role of referendums in the United Kingdom’s constitutional arrangements. On the ‘second’ referendum view, a referendum is synonymous with a vote. This is not the case. I will argue in this post that a referendum is a multi-stage process of referring a question to voters. This does include one vote, but may well include multiple votes. I will also argue that the conflation of referendums with votes underlies many of the flaws of the Brexit referendum in particular and the use of referendums in the United Kingdom in general. This is not a political argument for or against Brexit. It is a constitutional argument about what the role can and should be for voting in the process of constitutional reform through referendums in the United Kingdom.’

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UK Constitutional Law Association, 5th February 2018

Source: ukconstitutionallaw.org

Ukip to face tribunal over use of data in EU referendum campaign – The Guardian

Posted December 14th, 2017 in elections, news, political parties, referendums, tribunals by sally

‘Ukip is to face a tribunal over its use of analytics during the EU referendum after refusing to cooperate with an investigation by the Information Commissioner’s Office.’

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The Guardian, 13th December 2017

Source: www.theguardian.com

Brexit & Developments in Valuer’s Liabilities – Hailsham Chambers

Posted November 22nd, 2017 in housing, international relations, news, referendums, stamp duty, taxation, valuation by sally

‘In the run up to the referendum the mood about the consequence of a leave vote was, from an economic point of view, pessimistic. ‘

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Hailsham Chambers, 3rd November 2017

Source: www.hailshamchambers.com

Did Vote Leave commit a crime over its funding? Democracy demands to know – The Guardian

Posted November 22nd, 2017 in judicial review, lobbying, news, referendums by sally

‘The Electoral Commission must urgently and robustly investigate the question of whether or not the ‘will of the people’ was bought.’

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The Guardian, 22nd November 2017

Source: www.theguardian.com

Brexit: Electoral Commission reopens probe into Vote Leave – BBC News

Posted November 21st, 2017 in elections, news, political parties, referendums by sally

‘The Electoral Commission has reopened an investigation into Vote Leave’s EU referendum spending.’

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BBC News, 20th November 2017

Source: www.bbc.co.uk

The case of the missing mandate – New Law Journal

Posted October 3rd, 2017 in constitutional reform, EC law, news, referendums, treaties by sally

‘David Wolchover contends that there is no mandate for the UK to be taken out of the EU & considers how the European Parliament may force a further referendum.’

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New Law Journal, 8th September 2017

Source: www.newlawjournal.co.uk

Electoral Commission urged to reconsider view on Vote Leave spending – The Guardian

Posted October 2nd, 2017 in elections, judicial review, news, referendums, third parties by sally

‘The Electoral Commission is to be challenged in court to reopen its investigation into £625,000 of spending that eventually reached a digital marketing company during the EU referendum last year.’

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The Guardian, 29th September 2017

Source: www.theguardian.com

Law Pod UK Episode 6: The European Withdrawal Bill, and its likely impact on environmental standards – 1COR

Posted August 1st, 2017 in bills, EC law, environmental protection, news, podcasts, referendums by sally

‘David Hart talks to Rosalind English about the likely impact of the European Withdrawal Bill, and in particular the concerns about the knock on effects it might have on existing environmental standards after BREXIT.’

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Law Pod UK, 26th July 2017

Source: audioboom.com

Anti-Brexit supporter declares Gloucestershire home a republic – BBC News

Posted July 19th, 2017 in news, referendums by sally

‘A retired university lecturer has declared his Gloucestershire home an independent republic in a bid to defy Brexit.’

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BBC News, 18th July 2017

Source: www.bbc.co.uk

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

Crowdfunded legal challenge over article 50 abandoned – The Guardian

Posted May 31st, 2017 in EC law, news, referendums, treaties by sally

‘A crowdfunded legal challenge to test whether Brexit can be reversed has been abandoned.’

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The Guardian, 30th May 2017

Source: www.theguardian.com

Hate crime soared in run-up to EU referendum, new figures show – The Independent

Posted April 28th, 2017 in EC law, hate crime, news, referendums, statistics by tracey

‘Hate crime reports in England and Wales soared in the months leading up to last year’s EU referendum, new figures have revealed.’

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The Independent, 27th April 2017

Source: www.independent.co.uk

London’s legal eminence will survive Brexit, LCJ insists – Law Society’s Gazette

Posted April 26th, 2017 in EC law, legal services, London, news, referendums, treaties by sally

‘Brexit will not harm London’s status as a centre for dispute resolution, the lord chief justice has assured Chinese colleagues. In a speech to the National Judges College in Beijing earlier this month and circulated by HM Judiciary today, Lord Thomas of Cwmgiedd took English contract law as an illustration of why Brexit will have ‘no effect on London’s key strengths’.’

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Law Society’s Gazette, 25th April 2017

Source: www.lawgazette.co.uk

Brexit, Article 50 and what it means for innovative businesses – Technology Law Update

Posted March 29th, 2017 in data protection, EC law, news, patents, referendums, treaties by sally

‘The shock of last June’s referendum result, with the UK electorate opting to leave the European Union, is starting to fade. Now the hard graft begins. Tomorrow British Prime Minister Theresa May will trigger Article 50, starting the two year process of negotiations that will end with a deal, an untidy departure or (maybe) an agreement to keep talking. Since the first analysis of what Brexit will mean for businesses we have learned more about what the UK intends to keep and discard. How are things looking now?’

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Technology Law Update, 28th March 2017

Source: www.technology-law-blog.co.uk

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

Article 50 triggered today: The key points, reaction and analysis – Daily Telegraph

Posted March 29th, 2017 in EC law, news, notification, referendums, treaties by sally

‘Theresa May will officially trigger Article 50 at 12.30pm today, launching two years of negotiations that will end with Brexit in 2019.’

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Daily Telegraph, 29th March 2017

Source: www.telegraph.co.uk