Brexit

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.

Posts published in 2020

• The UK-EU Brexit Agreements and ‘sovereignty’: Having one’s cake and eating it? December 31, 2020
• Legal kryptonite? Parliamentary sovereignty, international law and the Internal Market Bill October 10, 2020
• One step forward, two steps back? Judicial review and the Government’s amendments to the Internal Market Bill September 25, 2020
• The Internal Market Bill: My evidence to the House of Lords Constitution Committee September 24, 2020
• The (constitutional) state we’re in: A week in British politics September 13, 2020
• The Internal Market Bill – A Perfect Constitutional Storm September 9, 2020
• The United Kingdom’s constitution and Brexit: A ‘constitutional moment’? May 28, 2020

Posts published in 2019

• 1,000 words / The Supreme Court’s Judgment in Cherry/Miller (No 2) September 25, 2019
• A new approach to constitutional adjudication? Miller II in the Supreme Court September 24, 2019
• Prorogation and justiciability: Some thoughts ahead of the Miller II case in the Supreme Court September 12, 2019
• 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 August 18, 2019
• Letter to The Times: Parliament’s (limited) capacity to prevent a no-deal Brexit August 12, 2019
• Can Parliament prevent a no-deal Brexit? August 8, 2019
• Royal Assent and constitutional principle: A further response to John Finnis April 10, 2019
• Does the Prime Minister’s request for an Article 50 extension scupper the Cooper-Letwin Bill? April 5, 2019
• Letter to the Times: Response to Professor Brazier’s letter on Royal Assent April 5, 2019
• The Cooper-Letwin Bill: Parliamentary control over the extension of Article 50 April 4, 2019
• Royal Assent: Letter to The Times April 3, 2019
• Brexit, the Executive and Parliament: A response to John Finnis April 2, 2019
• Meaningful Vote 3: The legal implications of separating the Withdrawal Agreement and the Political Declaration March 28, 2019
• Did the UK Government act unlawfully by extending Article 50? March 26, 2019
• What if ‘exit day’ is not redefined in domestic law? March 26, 2019
• Redefining ‘exit day’ in domestic law March 25, 2019
• Revoking Article 50: Legislating to take a no-deal Brexit off the table March 25, 2019
• Extending Article 50: Separating myth and legal reality March 23, 2019
• The Healthcare Bill: A case study in the implications (and dangers) of legislating for Brexit February 26, 2019
• Video: Cambridge Centre for Public Law event on the Scottish Continuity Bill case February 14, 2019
• Can the Government veto legislation by advising the Queen to withhold royal assent? January 21, 2019
• From Miller to the meaningful vote: Why on earth didn’t Parliament take control when it had the chance? January 16, 2019

Posts published in 2018

• The Supreme Court’s judgment in the Scottish Continuity Bill case December 14, 2018
• The Brexit Withdrawal Agreement: Taking back “control of our laws”? November 23, 2018
• House of Lords Constitution Committee reports on Delegated Powers November 19, 2018
• Political Pragmatism and Constitutional Principle: The European Union (Withdrawal) Act 2018 October 22, 2018
• Parliamentary control over Brexit-related delegated legislation: An important Government climbdown October 15, 2018
• Executive law-making and Brexit: Are Parliament’s hard-won safeguards being undermined? September 20, 2018
• Britain’s constitution is buckling under the weight of Brexit August 2, 2018
• The UK Constitution After Miller: Brexit and Beyond July 31, 2018
• Legislating in the dark: The Government’s White Paper on the Withdrawal Agreement Bill July 27, 2018
• Sovereignty, Primacy and the Common Law Constitution: What has EU Membership Taught Us? July 20, 2018
• 1,000 words / The European Union (Withdrawal) Act 2018 June 28, 2018
• Human Rights Post-Brexit: The Need for Legislation? February 8, 2018
• Sovereignty or supremacy? Lords Constitution Committee reports on EU (Withdrawal) Bill January 29, 2018

Posts published in 2017

• Does the Government defeat on clause 9 of the EU (Withdrawal) Bill mean Parliament has ‘taken back control’? December 14, 2017
• The Brexit agreement and citizens’ rights: Can Parliament deliver what the Government has promised? December 11, 2017
• Can Parliament block a ‘no deal’ Brexit? October 16, 2017
• Brexit Briefing Paper: Implementing Transition — How Would it Work? October 16, 2017
• Did the Prime Minister accurately answer MPs’ questions about the Miller case and revoking Article 50? October 10, 2017
• Public Law Update #4: Brexit, the separation of powers and devolution October 5, 2017
• Public Law Update #3: The EU (Withdrawal) Bill, legal certainty and the rule of law October 3, 2017
• Article for Prospect Magazine on the EU (Withdrawal) Bill September 7, 2017
• House of Lords Constitution Committee issues interim report on EU (Withdrawal) Bill September 7, 2017
• The Devil in the Detail: Twenty Questions about the EU (Withdrawal) Bill August 14, 2017
• A “blatant power grab”? The Scottish Government on the EU (Withdrawal) Bill August 10, 2017
• Resources / The EU (Withdrawal) Bill July 18, 2017
• 1,000 words / The European Union (Withdrawal) Bill July 14, 2017
• The EU (Withdrawal) Bill: Initial Thoughts July 14, 2017
• The 2017 Queen’s Speech and the (no longer “Great”) Repeal Bill June 21, 2017
• Strong and Stable? The British Constitution and the 2017 General Election June 15, 2017
• Does the Salisbury convention apply during a hung Parliament? June 10, 2017
• Cambridge Centre for Public Law Seminar / The Miller Judgment: An Evaluation May 24, 2017
• The Conservative Party Manifesto and the Constitution May 18, 2017
• Does the law require a second referendum before Brexit takes effect? May 2, 2017
• The Supreme Court’s Judgment in Miller: In Search of Constitutional Principle April 19, 2017
• The “Great Repeal Bill” White Paper in 20 tweets March 31, 2017
• The Government’s White Paper on the “Great Repeal Bill”: Some Preliminary Thoughts March 30, 2017
• The “Great Repeal Bill” and Delegated Powers March 7, 2017
• European Union (Notification of Withdrawal) Bill: Report of House of Lords Constitution Committee February 24, 2017
• The “Three Knights Opinion” on Brexit: A response February 17, 2017
• Deal or no deal: Government ‘concedes’ parliamentary vote on terms of Brexit February 7, 2017
• House of Lords Constitution Committee takes evidence on ‘Great Repeal Bill’ February 3, 2017
• Article for Counsel magazine: Miller and the modern British constitution February 1, 2017
• Analysis / The Supreme Court’s Judgment in Miller January 25, 2017
• 1,000 words / The Supreme Court’s Judgment in Miller January 25, 2017

Posts published in 2016

• Brexit, sovereignty, and the contemporary British constitution: Four perspectives on Miller December 16, 2016
• 1,000 words / The Miller case in the Supreme Court: The key arguments December 1, 2016
• Article 50, the royal prerogative, and the European Parliamentary Elections Act 2002 November 21, 2016
• ‘Brexit in the High Court’ — BBC Radio 4, Law in Action, 8 November 2016 November 8, 2016
• Critical reflections on the High Court’s judgment in Miller November 7, 2016
• Courts, democracy and Brexit: Some home truths November 5, 2016
• The High Court’s judgment in Miller: A brief comment November 4, 2016
• Cambridge University Brexit Week Talk: The Process of Leaving the EU November 4, 2016
• On the sidelining of Parliament: The Brexit Secretary’s statement to the Commons October 10, 2016
• On whether the Article 50 decision has already been taken October 9, 2016
• Theresa May’s “Great Repeal Bill”: Some preliminary thoughts October 2, 2016
• The Government’s case in the Article 50 litigation: A critique September 30, 2016
• The House of Lords Constitution Committee reports on Article 50 September 13, 2016
• Constitutional legislation, fundamental rights and Article 50 September 8, 2016
• Should there, and does there have to, be a second referendum? July 8, 2016
• On why, as a matter of law, triggering Article 50 does not require Parliament to legislate June 30, 2016
• A special edition of BBC Radio 4’s Law in Action on Brexit June 29, 2016
• Cambridge Law in Focus video on Brexit June 27, 2016
• Can Scotland block Brexit? June 26, 2016
• Can the EU force the UK to trigger the two-year Brexit process? June 26, 2016
• A new Prime Minister, or a snap election? June 24, 2016
• Brexit: Legally and constitutionally, what now? June 24, 2016
• “Vote leave, take control”? Sovereignty and the Brexit debate June 23, 2016