Category: Constitutional Law

The Devil in the Detail: Twenty Questions about the EU (Withdrawal) Bill

The EU (Withdrawal) Bill is an enormously complex piece of legislation which is likely to bequeath a similarly complex — and uncertain — post-Brexit legal system. Examining the Bill will present Parliament with a unique challenge. In the interests of promoting scrutiny and debate, this post sets out 20 questions that highlight important, and sometimes fundamental, ambiguities and difficulties in relation to the Bill as it is presently drafted.

A “blatant power grab”? The Scottish Government on the EU (Withdrawal) Bill

The Scottish Government has issued a statement saying that the EU (Withdrawal) Bill is a “blatant power grab” to which the Scottish Parliament is unlikely to consent. Is the Scottish Government right to characterise the Bill thus? And what will happen if consent to it is not forthcoming?

Unison in the Supreme Court: Tribunal Fees, Constitutional Rights and the Rule of Law

The Unison case is an important victory for workers who wish to enforce their rights in Employment Tribunals. But the Supreme Court’s judgment also implicates some key principles of UK constitutional law — and raises a question about how far courts can go in upholding such principles.

Strong and Stable? The British Constitution and the 2017 General Election

In this article, first published in Counsel magazine, I consider how constitutional matters influenced the 2017 general election — and what the future constitutional implications of the election generally, and of a hung Parliament in particular, might be.

Cambridge Centre for Public Law Seminar / The Miller Judgment: An Evaluation

  Earlier this week, I gave a Cambridge Centre for Public Law Seminar on the subject of the UK Supreme Court’s judgment in R (Miller) v Secretary of State for Exiting the European Union [2017] UKSC 5, in which it was held that the process of withdrawing from the EU under Article 50 of the Treaty on European

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