Brexit and muddled thinking – OUP Blog

Posted February 3rd, 2017 in brexit, 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

Campaigners launch fresh Brexit legal challenge over single market – The Guardian

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

‘The government’s Brexit strategy faces a fresh legal challenge in the high court on Friday when campaigners argue that parliament must separately legislate to remove the UK from the European Economic Area (EEA) and the single market.’

Full story

The Guardian, 3rd February 2017

Source: www.guardian.co.uk

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

‘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

Brexit phrases explained without the jargon – BBC News

Posted January 27th, 2017 in brexit, EC law, news, referendums, treaties by sally

‘Explaining some of the key buzzwords being used in the debate about the UK leaving the EU, with Daily Politics reporter Adam Fleming who knows a single market from a customs union.’

Full story

BBC News, 26th January 2017

Source: www.bbc.co.uk

Defying convention: Supreme Court puts Sewel on the sidelines – UK Human Rights Blog

Posted January 27th, 2017 in devolution issues, EC law, news, parliament, referendums, Scotland, Supreme Court, treaties by sally

‘In the new age of alternative facts, even Sean Spicer might struggle to spin Tuesday’s Supreme Court judgment as anything other than a comprehensive defeat for the government.’

Full story

UK Human Rights Blog, 26th January 2017

Source: www.ukhumanrightsblog.com

Article 50 ruling: When is it and what will it mean for Brexit? – Daily Telegraph

Posted January 24th, 2017 in appeals, brexit, EC law, judgments, news, parliament, referendums, Supreme Court, treaties by sally

‘The Supreme Court in London will give its ruling on Article 50 on Tuesday, following a four-day hearing last December.’

Full story

Daily Telegraph, 23rd January 2017

Source: www.telegraph.co.uk

Supreme court poised to deliver article 50 judgment – The Guardian

Posted January 24th, 2017 in appeals, brexit, EC law, judgments, news, parliament, referendums, Supreme Court, treaties by sally

‘The supreme court is due to deliver its eagerly awaited Brexit judgment declaring whether ministers or parliament have legal authority to approve the UK’s departure from the European Union.’

Full story

The Guardian, 24th January 2017

Source: www.guardian.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

Law Society warns solicitors may be damaged by Brexit – Legal Futures

Posted January 18th, 2017 in brexit, EC law, law firms, legal services, news, referendums, solicitors, treaties by sally

‘US law firms will have less incentive to employ UK-qualified lawyers as a way to access European markets and the UK solicitor title could become less desirable as a result of Brexit, the Law Society has warned.’

Full story

Legal Futures, 16th January 2017

Source: www.legalfutures.co.uk

David Howarth: On Parliamentary Silence – UK Constitutional Law Association

Posted December 13th, 2016 in constitutional law, EC law, news, parliament, referendums, royal prerogative, treaties by sally

‘One of the most striking aspects of the arguments of counsel in Miller, as Rachel Jones has pointed out, was how much the disagreement between the parties focussed on the meaning of silence. The government’s case boiled down to an assertion that silence on the issue of whether legislation was needed to invoke Article 50 of the Treaty of European Union in a succession of statutes – the European Communities Act 1972, the Referendum Act 1975, the European Union (Amendment) Act 2008, the European Union Act 2011 and the European Union Referendum Act 2015 – should be interpreted as parliament intending that the government was permitted to use the prerogative to invoke Article 50. For example, counsel for the government repeatedly argued that because some of these statutes, especially the 2008 and 2011 Acts, put restrictions on the exercise of the government’s foreign affairs prerogative power, it must follow that those statutes mean that other aspects of the prerogative must have been intended to have been left unfettered. Expressio unius exclusio alterius. On the other side, the applicants argued that parliament’s silence, especially in the 1972 Act, meant that it intended a specific pre-existing rule to apply, namely the rule that ministers could not use the prerogative, and in particular the foreign affairs prerogative, to change the law. They also argued that parliament’s subsequent silence in the other statutes confirmed that original choice.’

Full story

UK Constitutional Law Association, 13th December 2016

Source: www.ukconstitutionallaw.org

Supreme court Brexit hearing: 10 things we learned – The Guardian

‘From the royal prerogative and Henry VIII clause to what makes lawyers laugh – and how to interpret a judge’s choice of tie.’

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 brexit, 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

Share of EU litigants using English courts falls further – OUT-LAW.com

Posted December 5th, 2016 in choice of forum, dispute resolution, news, referendums, treaties by sally

‘The share of European litigants opting to settle their disputes in the English courts has fallen for the fourth successive year, down to 20% from a peak of 35% in 2012/13, according to annual research.’

Full story

OUT-LAW.com, 2nd December 2016

Source: www.out-law.com

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 brexit, 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

‘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

What is Article 127 – and why could it be central to Brexit? – Daily Telegraph

Posted November 29th, 2016 in brexit, EC law, news, parliament, referendums, treaties by sally

‘Theresa May has claimed that the Government’s plans for Brexit are “on track”.’

Full story

Daily Telegraph, 28th November 2016

Source: www.telegraph.co.uk