In the preliminary agreement concerning the terms of Brexit, the UK Government promises to give EU citizens’ rights direct effect in UK law and to make them legally ironclad unless the legislating giving effect to them is itself expressly repealed. But does the principle of parliamentary sovereignty prevent such a high degree of protection from being accorded to citizens’ rights?
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Some senior MPs have suggested that Parliament could stop Brexit in its tracks in a ‘no deal’ scenario. The reality, however, is far more complex. Parliament might be sovereign, but there are limits to what even it can legally achieve.
Talk of a ‘transitional’ or ‘implementation’ period as a means of smoothing the UK’s departure from the EU is now commonplace. But how would it work legally? A new briefing paper to which I have contributed explores that question.
The third edition of Public Law was published by Oxford University Press in May 2017. This is the last in a series of posts by the authors, Mark Elliott and Robert Thomas, taking the 2017 election and Brexit as reference points and updating readers on recent developments in the field. These posts are based on updates first published by Oxford University Press in the book’s Online Resource Centre.
The Prime Minister has been warned of possible legal action on the issue of whether the UK can leave the EU without a second referendum. But does the European Union Act 2011 really require a further plebiscite?
All posts published on Public Law for Everyone concerning Brexit are listed below, in reverse chronological order. Many Brexit-related posts also fall into other categories, most obviously Constitutional Law, and are therefore also included in other relevant post indexes. All post indexes can be accessed via the “Explore” menu that appears at the top of each page.
Several eminent lawyers argue that legislation authorising the triggering of Article 50 is insufficient to authorise the conclusion of the Brexit process. But it is far from clear that their analysis is compatible with the judgment of the Supreme Court in the Miller case.
Parliament is currently considering the European Union (Notification of Withdrawal) Bill. If enacted, it will authorise the Prime Minister to trigger Article 50, thus beginning the process whereby the UK will leave the EU. The Bill, as drafted by the Government, is very short indeed: the Government is evidently hopeful that Parliament will accept a Bill doing the bare
To say that the Miller case has stimulated a wide-ranging constitutional debate would be to engage in rash understatement. The pages of the UK Constitutional Law Association Blog, in particular, are replete with posts that examine the issues raised by the case from a rich variety of perspectives and which advance a broad spectrum of
Following the judgment of the High Court in R (Miller) v Secretary of State for Exiting the European Union (about which I have written briefly here, and in more detail, with Hayley Hooper, here), this week’s edition of BBC Radio 4’s Law in Action examines the implications of the decision and broader questions about the next steps that are likely