When the United Kingdom Parliament wishes to make law by enacting a piece of legislation, three things must normally happen. First, the ‘bill’ (as legislation is known until it is enacted) must be approved by a majority of MPs in the House of Commons. Second, unless a special procedure under the Parliament Acts 1911 and … Continue reading 1,000 words: Constitutional conventions
This short piece, which forms part of my 1,000 words series of posts, aims to set out in an accessible way the key points of the Supreme Court's judgment in the Cherry/Miller (No 2) case. For a more detailed and technical analysis of the judgment, see this post. In its historic judgment in Cherry/Miller (No … Continue reading 1,000 words / The Supreme Court’s Judgment in Cherry/Miller (No 2)
The EU (Withdrawal) Act 2018 paves the way for Brexit by providing for the repeal of the European Communities Act 1972 and converting EU law into UK law. This post summarises how the Act works and briefly considers some of the key constitutional issues that it raises.
This 1,000 words post explains how the EU (Withdrawal) Bill works and addresses some of the main constitutional concerns it raises. A longer and more technical analysis of the Bill can be found here.
In this 1,000 words post I analyse and reflect upon the Supreme Court’s judgment in R (Miller) v Secretary of State for Exiting the European Union  UKSC 5, in which it was held that the Government could not rely on prerogative power for the purpose of triggering the Brexit process.
This post was written before the Supreme Court gave its decision in the Miller case. For an overview of the judgment itself, see 1,000 words: The Supreme Court’s Judgment in Miller. The decision of the Supreme Court in Miller — in which the UK Government will ask the Supreme Court to rule that the Article 50 … Continue reading 1,000 words / The Miller case in the Supreme Court: The key arguments
The current system of devolution in the UK was introduced by the Blair Government in the late 1990s. It involved the creation of new legislative and executive institutions in Scotland, Wales and Northern Ireland, and the conferral upon them of law-making and administrative powers. A key purpose of devolution is to enable parts of the … Continue reading 1,000 words / Devolution
Since writing this post, I have written a longer piece examining the the constitutional implications of the UK's membership of, and departure from, the European Union, with particular reference to the principle of parliamentary sovereignty. An overview of the paper can be found here; the full text can be downloaded here. That the United Kingdom’s … Continue reading 1,000 words / If EU law is supreme, can Parliament be sovereign?
The rule of law is an axiomatic part of the British constitution. But in order to understand the rule of law properly, it is necessary to consider the specific principles for which it stands — and, just as importantly, what can (and cannot) be done in order to uphold those principles.
The principle of parliamentary sovereignty lies at the core of the United Kingdom's constitutional arrangements. But what exactly does it mean?