Since the early hours of Friday morning, I have written a number of posts about the legal and constitutional and implications of Brexit. Also on Friday, I made a short (nine minute) video as part of the Law in Focus series by the Faculty of Law at Cambridge. (If I look tired in the video, it’s because I’d been awake for the previous 32 hours!) Inevitably, the … Continue reading Brexit | My Cambridge Law in Focus video
There has been a great deal of discussion over the last couple of days about whether the European Union can force the United Kingdom to begin the two-year exit process set out in Article 50 of the Treaty on European Union. So: can the EU make the UK do that? The short answer is “no”. Below is a slightly longer answer, and an explanation of … Continue reading Brexit | Can the EU force the UK to trigger the two-year Brexit process?
The Prime Minister’s failure to secure a vote in favour of continued EU membership raises obvious questions about both his future and his Government’s. Can the Prime Minister be changed without a general election? And in what circumstances would an early election be possible? Changing the Prime Minister independently of a general election is a straightforward matter — it happened, in decidedly less dramatic circumstances, … Continue reading Brexit | A new Prime Minister, or a snap election?
Roughly half of the country is reeling this morning from the news that the people of United Kingdom have voted — by a narrow but clear majority — to leave the European Union. There is a great deal to be said about what might happen next, and I expect to post regularly as events unfold about the legal and constitutional aspects of the Brexit saga. … Continue reading Brexit | Legally and constitutionally, what now?
The following article was published — on the day of the UK’s EU referendum — in German in the print and online editions of the Frankfurter Allgemeine Zeitung. It is reproduced here in English, in a lightly amended form, with permission. I am very grateful indeed to Alexander Schafer for his work on the German translation of the piece. The debate about the UK’s membership of the European Union has turned … Continue reading Brexit | “Vote leave, take control”? Sovereignty and the Brexit debate
By Mark Elliott and Stephen Tierney The House of Lords Constitution Committee today publishes its report on The Union and Devolution. This post draws attention to some of its main findings. The Constitution Committee’s report on The Union and Devolution, published today, declares the Union to be “under threat”, and recommends that the United Kingdom Government “needs fundamentally to reassess how it approaches issues relating … Continue reading The House of Lords Constitution Committee’s Report on The Union and Devolution
This year’s Queen’s Speech touches on two possible constitutional reform measures. (I pass over the Wales Bill, which was published in draft in October 2015.) The first concerns the replacement of the Human Rights Act 1998 with a “British Bill of Rights”, while second concerns the sovereignty of Parliament and the “primacy” of the House of Commons. If implemented, these measures would be highly significant. … Continue reading The 2016 Queen’s Speech and the Constitution