I have written before about whether triggering the formal Brexit process under Article 50 of the Treaty on European Union requires legislation. My view is that, as a matter of … Continue Reading <i>Brexit</i> | Constitutional legislation, fundamental rights and Article 50
The second in the biennial series of Public Law Conferences will be held in Cambridge from 12 to 14 September 2016 in the Faculty of Law in Cambridge. Convened by … Continue Reading Cambridge Public Law Conference 2016 — Draft Programme and Registration Deadline
The vacuity of the debate that preceded the referendum on EU membership is exceeded only by the emptiness of result that the referendum subsequently yielded. A slim majority of those … Continue Reading <i>Brexit</i> | Should there, and does there have to, be a second referendum?
In his resignation statement, David Cameron took it to be the case that triggering the UK’s formal withdrawal from the EU under Article 50 of the Treaty on European Union is … Continue Reading <i>Brexit</i> | On why, as a matter of law, triggering Article 50 does not require Parliament to legislate
I took part yesterday in a special live edition of Law in Action on BBC Radio 4. Professor Catherine Barnard, Professor Steve Peers and I discussed the legal and constitutional implications of … Continue Reading <i>Brexit</i> | A special edition of BBC Radio 4’s <i>Law in Action</i>
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 … Continue Reading <i>Brexit</i> | My Cambridge <i>Law in Focus</i> video
On The Sunday Politics Scotland today, the First Minister of Scotland, Nicola Sturgeon, raised the prospect of Scotland placing an obstacle in the path of Brexit, saying: “If the Scottish parliament … Continue Reading <i>Brexit</i> | Can Scotland block Brexit?
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 … Continue Reading <i>Brexit</i> | 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 … Continue Reading <i>Brexit</i> | 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 … Continue Reading <i>Brexit</i> | 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, … Continue Reading <i>Brexit</i> | “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 … Continue Reading The House of Lords Constitution Committee’s Report on <i>The Union and Devolution</i>
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 … Continue Reading The 2016 Queen’s Speech and the Constitution
1,000 words is a series of posts that I am gradually putting together over a period of time. Each post in the series addresses — in roughly a thousand words — a … Continue Reading <i>1,000 words</i> | Fundamental principles explained
The Judicial Power Project has published a list of 50 “problematic” cases. It makes for interesting reading. The aim of the Judicial Power Project is to address the “problem” of … Continue Reading Judicial Power’s 50 “problematic” cases and the limits of the judicial role
Theresa May’s case for withdrawal from the ECHR: Politically astute, legally dubious, constitutionally naïve
The Home Secretary, Theresa May, has argued in a speech staking out her position on Brexit that, although she is in favour of the UK’s remaining in the European Union, … Continue Reading Theresa May’s case for withdrawal from the ECHR: Politically astute, legally dubious, constitutionally naïve