Christina Lienen: Why the Implications of ‘No Deal’ Are No Mere ‘Exercise in Guesswork’ – UK Constitutional Law Association

‘Theresa May is to trigger Article 50 on 29 March 2017, kicking off the two-year negotiation period during which the relationship between the UK and the EU will be redefined. On 12 March the House of Commons Foreign Affairs Committee published their ninth report of the current session: ‘Article 50 negotiations: Implications of ‘no deal’’. This is the first Select Committee publication focusing specifically on the implications faced by the UK in the event of a ‘no deal’ situation, with reference to a range of different sectors, policy areas and circumstances. Last week the concerns raised in the report as to the Government’s position or rather the apparent lack thereof regarding ‘no deal’ implications seemed to be confirmed when the Secretary of State for Exiting the European Union made headlines telling the Brexit Select Committee that the Government had done no economic assessment of the possible effects of a “no deal” scenario. On 24 January 2017, similar remarks were made when Davis said that there were so many different things to assess, considering implications of ‘no deal’ would be ‘nothing more than an exercise in guesswork at this stage’. In this post I will highlight the most interesting points raised in the report which go to show that, contrary to what the Government suggests, it is actually both possible and vital to assess what areas require particular attention and what challenges this would bring. Beyond the question of ‘no deal’ implications, there are various aspects that the report touches upon which would benefit from academic discussion.’

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UK Constitutional Law Association, 24th March 2017

Source: www.ukconstitutionallaw.org

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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”.’

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Law Society’s Gazette, 16th March 2017

Source: www.lawgazette.co.uk

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Theresa May faces new challenge from House of Lords over Brexit – The Independent

Posted March 17th, 2017 in EC law, news, parliament, referendums by tracey

‘Labour Lords have launched a new drive to secure greater influence over Theresa May’s Brexit and secure the rights of EU citizens in the UK.’

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The Independent, 16th March 2017

Source: www.independent.co.uk

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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

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Brexit: Government suffers second defeat in Lords – BBC News

Posted March 8th, 2017 in amendments, bills, EC law, news, parliament, referendums, treaties, veto by tracey

‘The government has suffered a second Brexit defeat in the House of Lords as peers backed, by 366 votes to 268, calls for a “meaningful” parliamentary vote on the final terms of withdrawal.’

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BBC News, 7th March 2017

Source: www.bbc.co.uk

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Brexit, Shakespeare, and International Law – OUP Blog

Posted March 6th, 2017 in Christianity, EC law, news, referendums by sally

‘How to make sense of the Brexit vote and its aftermath? To where can we look if we are to learn more, and to learn more deeply, of the agonistic parts played by principle and pragmatism in human decision-making where self, sovereignty and economic well-being are concerned? In this short blog I will argue that King John – Shakespeare’s English history play with the earliest setting of all – casts the longest and, perhaps the strongest, light. The dramatic premise of the play is King John’s dispute with the King of France regarding the sovereignty of England. It is agreed that their dispute should be handed over to a plebiscite of the people, in this case, the citizens of Angiers who look down on the rival kings from the walls of their town. In this respect the play rehearses The EU referendum, in which the British public were raised to the castle walls and empowered to pass judgment on competitors for the sovereignty of their nation.’

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OUP Blog, 6th February 2017

Source: www.blog.oup.com

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ICO assessing political use of public’s private data – BBC News

Posted March 6th, 2017 in data protection, EC law, elections, news, referendums by sally

‘The information watchdog is scrutinising the use of the public’s private data for political purposes following concerns over an analytics firm linked to the Leave.EU campaign.’

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BBC News, 5th March 2017

Source: www.bbc.co.uk

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EU referendum campaign spending probed – BBC News

Posted February 24th, 2017 in budgets, disclosure, news, political parties, referendums by sally

‘The spending returns of the Stronger In and Vote Leave campaigns in last year’s EU referendum are under investigation, the Electoral Commission has announced.’

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BBC News, 24th February 2017

source: www.bbc.co.uk

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Davor Jancic: A Very Parliamentary Brexit: Satire in Two Acts – UK Constitutional Law Association

Posted February 24th, 2017 in devolution, EC law, news, parliament, referendums, veto by sally

‘Brexit is a very parliamentary affair. The reason is that both the UK Parliament, the European Parliament and, in all likelihood, each of the parliaments of the EU Member States will have veto powers over the terms of Brexit. This gives them ample opportunities to influence the course of negotiations. Unless the wishes of all of these parliamentary bodies are accommodated, it will be a rather ‘hard’ Brexit indeed. This commentary examines the role of parliaments in the UK’s yet-to-be-triggered exit from the EU.’

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UK Constitutional Law Association, 23rd February 2017

Source: www.ukconstitutionallaw.org

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The government’s Brexit white paper: a missed opportunity – The Constitution Unit

Posted February 22nd, 2017 in EC law, international relations, news, parliamentary papers, referendums, treaties by sally

‘On 2 February the government published its white paper on Brexit, which was intended to provide further detail regarding the overall aims the government would be pursuing once Article 50 has been triggered. Nick Wright assesses this document, concluding that whilst it does expand on some of Theresa May’s key pledges set out in the Lancaster House speech in several areas it remains unclear exactly what the government is seeking. One example of this is the idea of a UK-EU strategic partnership, which is proposed in the white paper but not expanded on. Overall, it is hard not to see the white paper as a missed opportunity.’

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The Constitution Unit, 20th February 2017

Source: www.constitution-unit.com

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Triggering Article 50 TEU: A Positive Result for the Government? By Prof Erika Szyszczak – Littleton Chambers

Posted February 20th, 2017 in EC law, news, referendums, Supreme Court, treaties by sally

‘It is a monumental decision for a Member State to leave the European Union, not least when it will have a major impact on the economic, political and social future, not only of the exiting Member State, but also of the global trading regime. It is thus befitting that on 24 January 2017 the Supreme Court came of age by delivering one of its most important rulings, on the nature and future shape of the UK constitution. What started as a case concerning acquired rights became a wider ranging analysis of the role of the executive vis-a-vis Parliament. As befits a monumental constitutional decision, taking place in the digital age, the responses to the ruling have been prolific and focused upon the constitutional dimension to the litigation.’

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Littleton Chambers, 27th January 2017

Source: www.littletonchambers.com

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Brexit & currency flip-flops in court – New Law Journal

Posted February 17th, 2017 in costs, EC law, news, referendums by sally

‘Francis Kendall considers the impact of the falling pound on costs awards to European litigants.’

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New Law Journal, 16th February 2017

Source: www.newlawjournal.co.uk

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Graham John Wheeler: Referendums That Time Forgot – UK Constitutional Law Association

Posted February 17th, 2017 in bills, constitutional history, legal history, news, referendums by sally

‘It is well known that the first national referendum in the UK was the 1975 poll on EEC membership. It is also quite well known that A.V. Dicey called for the introduction of the referendum into British politics from the 1880s onwards as a means of defeating Irish home rule. This episode was the subject of an exchange between Dominic Chambers QC and Lord Sumption in the Article 50 case.’

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UK Constitutional Law Association, 17th February 2017

Source: www.ukconstitutionallaw.org

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Post-Brexit on the pistes: winter sports and EU law – Law Society’s Gazette

‘Accident victims may struggle to get recompense if access to joined-up European laws is lost when the UK leaves the EU.’

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Law Society’s Gazette, 14th February 2017

Source: www.lawgazette.co.uk

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“Our legal services will stay on top”, minister declares in face of growing threat of competition post-Brexit – Legal Futures

Posted February 15th, 2017 in competition, EC law, legal services, news, referendums by sally

‘Justice minister Sir Oliver Heald has struck a bullish tone of defiance in response to concerns that Germany and the Netherlands are creating English-language commercial courts to compete with the UK for disputes post Brexit.’

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Legal Futures, 13th February 2017

Source: www.legalfutures.co.uk

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Tobias Lock and Tom Gerald Daly: Brexit and the British Bill of Rights: Capturing Constitutional Complexity – UK Constitutional Law Association

Posted February 15th, 2017 in EC law, human rights, news, referendums by sally

‘Euroscepticism – usually framed as an argument from national sovereignty – was an important driving force behind Brexit, but also serves as a key motivator behind efforts to reform domestic human rights law. Calls to ‘scrap the Human Rights Act’ (HRA) and to replace it with a British Bill of Rights (BBR) are usually accompanied by calls to curtail the power of the European Court of Human Rights and to make British judges the ultimate arbiter in human rights matters (again). The connections between Brexit and human rights reform are not confined to these common ideological roots, however. Brexit has profound consequences for human rights reform in both substantive and procedural terms. These are the findings of a new research paper edited by the authors of this blog post and based on the proceedings of a workshop held at Edinburgh Law School in the autumn of last year.’

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UK Constitutional Law Association, 13th February 2017

Source: www.ukconstitutionallaw.org

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Brexit and implications for UK Merger Control – Part 2/3: Implications for the CMA’s workload and what not to do – Competition Bulletin from Blackstone Chambers

Posted February 15th, 2017 in competition, EC law, mergers, news, referendums by sally

‘The Competition Bulletin is pleased to welcome the second in a three-part series of blogs on Brexit and merger control by Ben Forbes and Mat Hughes of AlixPartners. Ben and Mat are (with others) co-authors of the new Sweet & Maxwell book, “UK Merger Control: Law and Practice”.’

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Competition Bulletin from Blackstone Chambers, 10th February 2017

Source: www.competitionbulletin.com

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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.’

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The Independent, 14th February 2017

Source: www.independent.co.uk

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‘Record hate crimes’ after EU referendum – BBC News

Posted February 15th, 2017 in EC law, hate crime, news, referendums, statistics by sally

‘A majority of police forces in England and Wales saw record levels of hate crimes in the first full three months following the EU referendum, according to new analysis.’

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BBC News, 15th February 2017

Source: www.bbc.co.uk

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The United Kingdom’s exit from and new partnership with the European Union White Paper – Official Publications

Posted February 8th, 2017 in EC law, international relations, parliamentary papers, referendums, treaties by tracey

‘This White Paper provides Parliament and the country with a clear vision of what we are seeking to achieve in negotiating our exit from, and new partnership with, the European Union.’

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Official Publications, 2nd February 2017

Source: www.gov.uk/government/publications

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