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Mark Elliott

Mark Elliott is Professor of Public Law at the University of Cambridge, a Fellow of St Catharine's College, Cambridge, and Legal Adviser to the House of Lords Constitution Committee. All views on this blog are expressed in a purely personal capacity.

Constitutional Law

Prorogation and justiciability: Some thoughts ahead of the Miller II case in the Supreme Court

A good deal has been said in recent days about whether the Government’s advice to the Queen concerning the prorogation of Parliament raises a legal question on which courts can […]

By Mark Elliott Posted on September 12, 2019

Constitutional Law

The Brexit Secretary says he has “set in stone” the repeal of the European Communities Act 1972 — but the legal significance of this misleading claim is very limited

Earlier today, the Secretary of State for Exiting the European Union, Stephen Barclay MP, posted a tweet saying that he had “signed the legislation setting in stone the repeal” of […]

By Mark Elliott Posted on August 18, 2019

Constitutional Law

Letter to The Times: Parliament’s (limited) capacity to prevent a no-deal Brexit

The following letter was published in The Times on 12 August 2019. It responds to an article, published in the same newspaper on 9 August, in which Professor Vernon Bogdanor […]

By Mark Elliott Posted on August 12, 2019

Constitutional Law

Can Parliament prevent a no-deal Brexit?

Boris Johnson, the UK’s new Prime Minister, says that the UK will leave the EU on 31 October “do or die”. With negotiations between the UK and the EU apparently […]

By Mark Elliott Posted on August 8, 2019

Other

House of Lords Constitution Committee reports on Parliamentary Scrutiny of Treaties

By Mark Elliott and Stephen Tierney The topic of parliamentary scrutiny of the making of treaties could hardly be more topical, given the role that Parliament is currently playing in […]

By Mark Elliott Posted on May 2, 2019

Constitutional Law

Royal Assent and constitutional principle: A further response to John Finnis

A good deal has been written over the last couple of weeks about the granting of Royal Assent to legislation — and, in particular, about whether the Government can prevent […]

By Mark Elliott Posted on April 10, 2019

Constitutional Law

Does the Prime Minister’s request for an Article 50 extension scupper the Cooper-Letwin Bill?

Earlier today, the Prime Minister wrote to the President of the European Council requesting a further extension of the Article 50 period to 30 June 2019. Meanwhile, the Cooper-Letwin Bill […]

By Mark Elliott Posted on April 5, 2019

Constitutional Law

Letter to the Times: Response to Professor Brazier’s letter on Royal Assent

A number of colleagues and I wrote to The Times earlier this week on the subject of Royal Assent to legislation. The Times subsequently published a further letter on this […]

By Mark Elliott Posted on April 5, 2019

Constitutional Law

The Cooper-Letwin Bill: Parliamentary control over the extension of Article 50

The House of Lords is today considering the Cooper-Letwin Bill — or, to give it its formal title, the European Union (Withdrawal) (No 5) Bill — which would enable the […]

By Mark Elliott Posted on April 4, 2019

Constitutional Law

Royal Assent: Letter to The Times

I am pleased to be a signatory to the following letter, which is published in today’s edition of The Times. The letter argues that it would be clearly unconstitutional for […]

By Mark Elliott Posted on April 3, 2019

Constitutional Law

Brexit, the Executive and Parliament: A response to John Finnis

In a recent article in the Telegraph, Professor John Finnis advances two quite astonishing arguments. First, he advocates proroguing Parliament until after 12 April (the day on which the UK […]

By Mark Elliott Posted on April 2, 2019

Constitutional Law

Meaningful Vote 3: The legal implications of separating the Withdrawal Agreement and the Political Declaration

The Government has confirmed that tomorrow, Friday 29 March, it will lay a motion before the House of Commons seeking its approval of the Withdrawal Agreement — but not of […]

By Mark Elliott Posted on March 28, 2019

Constitutional Law

Did the UK Government act unlawfully by extending Article 50?

A group of Conservative MPs — including Suella Braverman, Bill Cash and David Jones — have written to the Prime Minister arguing that the UK Government acted unlawfully by obtaining […]

By Mark Elliott Posted on March 26, 2019

Constitutional Law

What if ‘exit day’ is not redefined in domestic law?

I wrote yesterday about the statutory instrument that the Government has laid before Parliament so as to realign the domestic definition of ‘exit day’ in the European Union (Withdrawal) Act […]

By Mark Elliott Posted on March 26, 2019

Constitutional Law

Redefining ‘exit day’ in domestic law

In an earlier post, I explained that the European Council’s decision to extend the Article 50 period is a separate matter from the way in which ‘exit day’ is defined […]

By Mark Elliott Posted on March 25, 2019

Constitutional Law

Revoking Article 50: Legislating to take a no-deal Brexit off the table

Throughout all of the twists and turns of the Brexit process so far, a rare point of certainty had (until recently) been that the UK was set to leave the […]

By Mark Elliott Posted on March 25, 2019

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