Brexit: Legal battle over UK’s single market membership – BBC News

Posted November 29th, 2016 in appeals, brexit, EC law, export controls, news, referendums, Supreme Court, treaties by sally

‘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.’

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BBC News, 28th November 2016

Source: www.bbc.co.uk

Attacks on Brexit judges are bad for democracy, says former law lord – The Guardian

Posted November 29th, 2016 in brexit, EC law, freedom of expression, judges, judiciary, news, referendums, speeches by sally

‘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.’

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The Guardian, 28th November 2016

Source: www.guardian.co.uk

Further reforms are needed to strengthen the powers of English MPs, says study – Daily Telegraph

Posted November 28th, 2016 in devolution, EC law, news, parliament, referendums, veto by tracey

‘Further reforms are needed to strengthen the powers of English MPs in Westminster, a new study has found.’

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Daily Telegraph, 28th November 2016

Source: www.telegraph.co.uk

UK government faces legal challenge over single market – The Guardian

Posted November 28th, 2016 in brexit, EC law, judicial review, markets, news, referendums by tracey

‘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.’

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The Guardian, 28th November 2016

Source: www.guardian.co.uk

Jeff King and Nick Barber: In Defence of Miller – UK Constitutional Law Association

‘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.’

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UK Constitutional Law Association, 22nd November 2016

Source: www.ukconstitutionallaw.org

Supreme Court’s most senior judge urged to stand down from Article 50 legal hearing over wife’s anti-Brexit Twitter posts – Daily Telegraph

Posted November 21st, 2016 in brexit, conflict of interest, EC law, judges, news, recusal, referendums, Supreme Court, treaties by sally

‘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.’

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Daily Telegraph, 18th November 2016

Source: www.telegraph.co.uk

Theresa May refuses to say she will defend judges from press attacks ahead of Brexit judgment

Posted November 17th, 2016 in appeals, brexit, EC law, judiciary, media, news, parliament, referendums, Supreme Court by sally

‘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.’

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The Independent, 16th November 2016

Source: www.independent.co.uk

Supreme court judge hints at legal hitch that could seriously delay Brexit process – The Guardian

Posted November 16th, 2016 in brexit, EC law, judges, legislation, news, parliament, referendums, speeches, treaties by sally

‘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.’

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The Guardian, 16th November 2016

Source: www.guardian.co.uk

High Court rules second homes ban in St Ives will remain – BBC News

Posted November 11th, 2016 in housing, local government, news, planning, referendums by tracey

‘The High Court has ruled a Cornish seaside town will keep its ban on new-build second homes.’

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BBC News, 10th November 2016

Source: www.bbc.co.uk

Keith Ewing: A Review of the Miller Decision – UK Constitutional Law Association

‘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.’

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UK Constitutional Law Association, 10th November 2016

Source: www.ukconstitutionallaw.org

David Feldman: Brexit, the Royal Prerogative, and Parliamentary Sovereignty – UK Constitutional Law Association

‘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.’

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UK Constitutional Law Association, 8th November 2016

Source: www.ukconstitutionallaw.org

Crown prosecutors consider complaint against Brexit EU referendum campaigns – The Independent

‘Crown prosecutors are considering a complaint that the Leave campaign misled voters during the EU referendum campaign.’

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The Independent, 7th November 2016

Source: www.independent.co.uk

Liz Truss defends judiciary after Brexit ruling criticism – The Guardian

Posted November 7th, 2016 in brexit, 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”.’

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The Guardian, 5th November 2016

Source: www.guardian.co.uk

Nick Barber and Jeff King: Responding to Miller – UK Constitutional Law Association

Posted November 7th, 2016 in EC law, judiciary, news, parliament, prerogative powers, referendums, treaties by sally

‘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.’

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UK Constitutional Law Association, 7th November 2016

Source: www.ukconstitutionallaw.org

The vicious assault on UK judges by the Brexit press is a threat to democracy – The Guardian

Posted November 7th, 2016 in brexit, EC law, judiciary, media, news, parliament, referendums, treaties by sally

‘The judiciary is a vital pillar of our constitution. The government must defend it from these unconscionable attacks – or put all our freedoms at risk.’

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The Guardian, 4th November 2016

Source: www.guardian.co.uk

Brexit high court decision means nothing has been ruled out – The Guardian

Posted November 7th, 2016 in brexit, EC law, judiciary, news, parliament, referendums, treaties by sally

‘Parliament has been jolted back to life by three judges, and the British political landscape is once again one of fury, division and uncertainty.’

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The Guardian, 6th November 2016

Source: www.guardian.co.uk

Seizing our sovereignty or declaring war on democracy: split view on judges’ ruling – The Guardian

Posted November 7th, 2016 in brexit, EC law, judiciary, news, referendums, treaties by sally

‘Six leading figures during the EU referendum speak out.’

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The Guardian, 6th November 2016

Source: www.guardian.co.uk

Truss and May forced to defend article 50 judges after public backlash – The Guardian

Posted November 7th, 2016 in brexit, EC law, judiciary, news, parliament, referendums, treaties by sally

‘Theresa May and her justice secretary, Liz Truss, have been forced to defend the three high court judges who made the controversial high court judgment about Brexit in the face of days of public backlash.’

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The Guardian, 6th November 2016

Source: www.guardian.co.uk

Government loses Article 50 court fight – BBC News

Posted November 3rd, 2016 in appeals, constitutional reform, EC law, news, parliament, referendums, treaties by tracey

‘Parliament must vote on whether the UK can start the process of leaving the European Union, the High Court has ruled.’

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BBC News, 3rd November 2016

Source: www.bbc.co.uk

High Court to rule on Brexit legal battle and Theresa May’s decision to use the royal prerogative – Daily Telegraph

Posted November 3rd, 2016 in brexit, EC law, elections, news, parliament, referendums, treaties by tracey

‘This morning the High Court will rule on a court action against Theresa May to prevent her using executive powers under the royal prerogative to start the process of leaving the European Union.’

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Daily Telegraph, 3rd November 2016

Source: www.telegraph.co.uk