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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UN asks UK to suspend work on Hinkley Point – The Guardian

‘A United Nations committee has asked the UK to suspend work on the Hinkley Point C nuclear power station in Somerset because of the government’s failure to consult with European countries over the project.’

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The Guardian, 20th March 2017

Source: www.guardian.co.uk

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Theresa May warned that Brexit is ‘heading back to the courts’ after she refuses to give MPs a ‘meaningful vote’ – The Independent

Posted March 14th, 2017 in constitutional law, constitutional reform, EC law, news, parliament, treaties by tracey

‘Theresa May has been warned that Brexit is heading back to the courts after she refused to give MPs a “meaningful vote” on any final deal.’

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The Independent, 13th March 2017

Source: www.independent.co.uk

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Brexit bill: Parliament clears way for talks with EU – BBC News

Posted March 14th, 2017 in bills, EC law, news, parliament, treaties by tracey

‘Parliament has passed the Brexit bill, paving the way for the government to trigger Article 50 so the UK can leave the European Union.’

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BBC News, 14th March 2017

Source: www.bbc.co.uk

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Brexit bill faces last rebel push to guarantee final vote in parliament – The Guardian

Posted March 13th, 2017 in amendments, bills, EC law, news, parliament, political parties, treaties by sally

‘The government faces a last push from rebel backbenchers to guarantee a final vote in parliament on any Brexit deal before the triggering of article 50, with concerns coalescing around what would happen if no agreement was reached with the EU.’

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The Guardian, 13th February 2017

Source: www.guardian.co.uk

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Why international law should trump nationalism – New Law Journal

Posted March 10th, 2017 in international law, ministers' powers and duties, news, treaties by sally

‘Recent changes to the Ministerial Code, which could undermine the UK’s commitment to the rule of law, may be subject to judicial review, as Daniel Carey explains. Interview by Jenny Rayner.’

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New Law Journal, 24th February 2017

Source: www.newlawjournal.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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New costs cap regime in force for environmental cases – OUT-LAW.com

‘Courts in England and Wales have new powers to change the maximum cost liabilities that those challenging environmental decisions of public bodies’ through judicial review could be exposed to under new rules that are now in force.’

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OUT-LAW.com, 3rd March 2017

Source: www.out-law.com

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Ministers urged to protect rights of EU citizens in UK – BBC News

Posted March 6th, 2017 in EC law, freedom of movement, human rights, news, parliament, treaties by sally

‘The UK should make a unilateral decision to safeguard the rights of EU nationals living in the UK, according to a cross-party group of MPs.’

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BBC News, 5th March 2017

Source: www.bbc.co.uk

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What happens now peers have voted to amend the Brexit Bill? – Daily Telegraph

Posted March 2nd, 2017 in amendments, bills, EC law, news, parliament, treaties by sally

‘Peers in the House of Lords have voted to amend European Union (Notification of Withdrawal) Bill, which if passed by Parliament will allow the UK to start formal talks about leaving the EU.’

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Daily Telegraph, 1st March 2017

Source: www.telegraph.co.uk

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Short Cuts – Stephen Sedley – London Review of Books

Posted February 23rd, 2017 in constitutional history, EC law, news, parliament, royal prerogative, treaties by sally

‘When the government decided to appeal to the Supreme Court against the High Court’s ruling that ministers could not lawfully use the royal prerogative to leave the EU, many lawyers, myself included, thought it a hopeless enterprise. A court of three judges – the Chief Justice, the Master of the Rolls and Lord Justice Sales (who had been standing counsel to the government when at the bar) – had held on cogently reasoned grounds that the prior authority of an Act of Parliament was required. Nevertheless the Supreme Court sat in full, all 11 members, to hear what even the sober Constitution Unit was calling the case of the century. Well, the appeal failed, and by a decisive margin of eight votes to three. But the margin conceals what was jurisprudentially a closer-run thing than the numbers suggest.’

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London Review of Books, 2nd March 2017

Source: www.lrb.co.uk

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Miller and the modern British Constitution – Counsel

‘Miller reveals the malleability of the parliamentary sovereignty doctrine, argues Professor Mark Elliott in his examination of the many tensions which lie at the heart of the majority judgment.’

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Counsel, March 2017

Source: www.counselmagazine.co.uk

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Mikolaj Barczentewicz: The Principle of Legality and the EU-withdrawal Statute – UK Constitutional Law Assocition

Posted February 22nd, 2017 in bills, constitutional law, EC law, legislative drafting, news, parliament, treaties by sally

‘Legal criticism of the EU (Notification of Withdrawal) Bill is quickly amassing. Notably, Paul Daly suggested that general phrasing of an authorisation to notify the UK’s intention to withdraw from the EU by the executive, of the sort contained in the Bill, may not suffice to ground lawfulness of such notification (or of withdrawing from the EU). It may not suffice, because the principle of legality could be said to require more specificity in conveying Parliament’s legislative choice to authorise withdrawal with all the possible detrimental consequences to individual rights. A similar argument was also presented in the “Three Knights Opinion” of Sir David Edward KCMG PC QC, Sir Francis Jacobs KCMG PC QC, Sir Jeremy Lever KCMG QC, Helen Mountfield QC and Gerry Facenna QC.’

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UK Constitutional Law Association, 21st 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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Article 50 is actually reversible, author of the Brexit treaty clause says – The Independent

Posted February 22nd, 2017 in amendments, bills, EC law, news, parliament, treaties by sally

‘The author of Article 50 has ridiculed the Government’s claim that the treaty clause cannot be stopped after it is triggered.’

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The Independent, 22nd February 2017

Source: www.independent.co.uk

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UK prisons ‘holding child inmates in solitary confinement against UN torture rules’ – The Independent

‘British prisons are holding child inmates in solitary confinement in an alleged breach of UN torture rules and British law, The Independent has found. Lawyers in one case have launched legal action against the Government in the High Court.’

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The Independent, 21st February 2017

Source: www.independent.co.uk

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Miller, BrEXIT and BreUK-up – Counsel

‘The Supreme Court’s treatment of the devolution issues in Miller is troubling, argues Aidan O’Neill QC, who examines the UK’s complex multi-national constitutional history and potential impact on the devolved political constitution.’

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Counsel, March 2017

Source: www.counselmagazine.co.uk

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What will the Lords do with the Article 50 bill? – UCL Constitution Unit

Posted February 21st, 2017 in bills, EC law, news, parliament, treaties by sally

‘The bill authorising the Prime Minister to trigger Article 50, enabling the UK to leave the EU, has cleared the Commons. It begins its consideration in the Lords today. In this post Lords expert Meg Russell discusses how the second chamber is likely to treat the bill. She suggests that this illustrates important dynamics between Lords and Commons, which are often disappointingly misunderstood both in the media and inside government.’

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UCL Constitution Unit, 20th February 2017

Source: www.constitution-unit.com

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Secession from the European Union and Private International Law: The Cloud with a Silver Lining – Blackstone Chambers

Posted February 21st, 2017 in EC law, international law, legislation, news, regulations, speeches, treaties by sally

‘In the last six months there have been lectures, seminars, evidence-givingsand-takings, reports issued, all over town, in which the future of commercial litigation in England has been discussed. It may not be completely true that these have as their object the utter immiseration of everyone within earshot, but that does appear to be the principal effect. Those who, like me, do not seem to be invited to such gatherings are at liberty to see things rather differently. We have a once-in-a generation opportunity to compare the rules of private international law which we currently have with what we might instead have, and to take stock. When that is done, the path ahead will be seen to be rather clearer and brighter than some others would tell you it is. One certainly hears people suggesting that secession from the European Union is going to have a damaging effect, but for our private international law the truth may well be otherwise. And while the need to deal with these tasks may be an un-looked-for interruption to normal work, for some of us the chance to ask questions challenges us to think about what we would like our rules of private international law to say. My conclusion will be that less will change than most seem to suppose (or, in some cases, seem to hope for). There will be minor changes, certainly, but need be nothing major; and if anything major does change, it will not be a change for the worse. In short, though I am very fearful of sounding like the Daily Mail in human form, private international law has no cause for alarm. I should perhaps say that a fuller and footnoted version of this paper will be available from the Combar website if anyone is interested.’

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Blackstone Chambers, 24th January 2017

Source: www.blackstonechambers.com

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