‘Brexiteers and their media allies have declared war on our judiciary. On behalf of the people, the supreme court must push back.’
The Guardian, 5th December 2016
Source: www.guardian.co.uk
‘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.’
The Guardian, 5th December 2016
Source: www.guardian.co.uk
‘Michael Zander QC reviews the written cases of the government & the lead claimants in next week’s Supreme Court hearing.’
New Law Journal, 1st December 2016
Source: www.newlawjournal.co.uk
‘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.’
UK Constitutional Law Association, 2nd December 2016
Source: www.ukconstitutionallaw.org
‘The article 50 supreme court hearings won’t solve our systemic crisis. We need a new way to connect people and state.’
The Guardian, 2nd December 2016
Source: www.guardian.co.uk
‘Theresa May has claimed that the Government’s plans for Brexit are “on track”.’
Daily Telegraph, 28th November 2016
Source: www.telegraph.co.uk
‘The government is facing a legal battle over whether the UK stays inside the single market after it has left the EU, the BBC has learned.’
BBC News, 28th November 2016
Source: www.bbc.co.uk
‘Harsh personal attacks on judges are bad for democracy and in danger of diminishing the independence of the judiciary, the former deputy president of the supreme court has warned.’
The Guardian, 28th November 2016
Source: www.guardian.co.uk
‘Further reforms are needed to strengthen the powers of English MPs in Westminster, a new study has found.’
Daily Telegraph, 28th November 2016
Source: www.telegraph.co.uk
‘Theresa May’s government is facing a fresh legal challenge over whether it should seek to retain membership of the single market after Brexit. Lawyers will argue that June’s referendum asked the public a single question over whether the UK should leave the EU, and did not delve into the more complex issue of economic access.’
The Guardian, 28th November 2016
Source: www.guardian.co.uk
‘Miller v Secretary of State for Exiting the European Union has stimulated quite a bit of debate. Some criticism of the decision has been well-informed and thoughtful, whilst some of it has been, to put it charitably, less worthy of engagement. In this post we respond to what we view as the strongest arguments against Miller, taking account of the Government’s written case for appeal. We discussed the reasoning used in the case in an earlier post written with Tom Hickman, and will not repeat that explanation here. This post assumes knowledge of that earlier piece, which was written with the lay reader in mind. The present piece, more legally detailed, is necessitated by the quite subtle replies to the argument in that original post and to the judgment in Miller.’
UK Constitutional Law Association, 22nd November 2016
Source: www.ukconstitutionallaw.org
‘The Supreme Court’s most senior judge has been urged to stand down from a crucial legal hearing on Britain’s withdrawal from the European Union after it emerged his wife had posted a series of anti-Brexit tweets.’
Daily Telegraph, 18th November 2016
Source: www.telegraph.co.uk
‘Theresa May has refused to say she will defend judges from attacks in the press ahead of a vital judgment on the legal details of of Brexit.’
The Independent, 16th November 2016
Source: www.independent.co.uk
‘A supreme court judge has raised the prospect that Theresa May would have to comprehensively replace existing EU legislation before the government could even begin Brexit, in a move that could seriously delay the process.’
The Guardian, 16th November 2016
Source: www.guardian.co.uk
‘The High Court has ruled a Cornish seaside town will keep its ban on new-build second homes.’
BBC News, 10th November 2016
Source: www.bbc.co.uk
‘Shortly after the referendum on 23 June, demands were made that continuing EU membership should now be considered by Parliament, with a view it seems to stop BREXIT happening, and to frustrate the will of the 17 million who voted to leave. Indeed, the Guardian carried an article only five days later on ‘How we can stop Brexit – lobby our MPs’ (29 June 2016), no doubt as inflammatory and unacceptable to the BREXITEERS as subsequent developments have been to the REMAINERS. Fearing that Parliament was being enlisted with an agenda to defeat the referendum result, it is not surprising that the BREXITEERS should wish to exclude Parliament from the process altogether.’
UK Constitutional Law Association, 10th November 2016
Source: www.ukconstitutionallaw.org
‘In R. (Miller) v. Secretary of State for Exiting the European Union [2016] EWHC 2768 (Admin) judges had to decide, as a matter of law, on the constitutionally correct procedure for deciding whether and when to notify the President of the European Council that the UK intends to leave the EU, pursuant to Article 50 of the Treaty on European Union. This legal question is fraught with difficulty. The situation is unprecedented, so judges have to answer the question from constitutional first principles. Inevitably in such cases there is room for disagreement as to what the first principles are, and (more intractably) what weight each has as against the others in the particular circumstances of the case.’
UK Constitutional Law Association, 8th November 2016
Source: www.ukconstitutionallaw.org
‘Crown prosecutors are considering a complaint that the Leave campaign misled voters during the EU referendum campaign.’
The Independent, 7th November 2016
Source: www.independent.co.uk
‘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”.’
The Guardian, 5th November 2016
Source: www.guardian.co.uk
‘The most surprising thing about the decision in R (Miller) v Secretary of State for Exiting the European Union is that so many people have found the decision surprising. The reasoning in the case – essentially, that the executive is unable to use the prerogative to remove statutory rights – rests on a clear line of case-law going back four hundred years, and turns on a foundational principle of constitutional law. It is unremarkable that three of the country’s leading judges – the Master of the Rolls, the Lord Chief Justice, and the leading public law judge in the Court of Appeal – were able to produce a unanimous, clear, judgment restating this orthodoxy. The only remarkable thing about the judgment is how such quality was produced under such extraordinary time and political pressure.’
UK Constitutional Law Association, 7th November 2016
Source: www.ukconstitutionallaw.org
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