The Repeal Bill will remove the European Communities Act 1972 from the statute book while enabling large swathes of European Union law to be kept in force following the UK’s exit from the EU. What light does the Queen’s Speech cast upon this key piece of Brexit legislation?
Category: Constitutional Law
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.
The Salisbury convention usually limits the House of Lords’ capacity to obstruct legislation implementing Government manifesto commitments. But does it apply if there is a minority or coalition government during a hung Parliament?
Written by Mark Elliott and Robert Thomas, Public Law is the UK’s best-selling textbook in the field. The third edition has now been published by Oxford University Press. The following post is based on the preface to the new edition.
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
The Conservative Party — which, barring an electoral surprise that would make the election of Donald Trump look pedestrian, will form the next UK administration — has published its manifesto. What does it reveal about the constitutional aspects of the party’s programme for government?
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?
In Secretary of State for Work & Pensions v Carmichael, the Government argued that the First-tier Tribunal could not intervene when housing benefit was reduced under ECHR-incompatible regulations. The Upper Tribunal disagreed. In doing so, it was on strong constitutional ground.
A pre-publication version of my Cambridge Law Journal article on the decision of the UK Supreme Court in the Miller case is now available. In it, I argue that the majority’s judgment does not withstand critical scrutiny.
In its recent White Paper, the Government set out its thinking about the “Great Repeal Bill”. In this series of tweets, I highlight some of the key elements of the White Paper.
