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?
Category: Constitutional Law
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 decision of the Supreme Court in Miller 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.
The “Great Repeal Bill” will lay the legislative foundations for the extensive process of legal re-wiring necessitated by Brexit. In its White Paper published in March 2017, the Government set out its plans for the Bill in broad terms — but it is clear that much thinking remains to be done.
The Daily Mail called the judges who decided the Miller Article 50 case “enemies of the people”. What, asked the House of Lords Constitution Committee, did the Lord Chief Justice make of the Lord Chancellor’s lacklustre response to such media criticism of the judiciary?
The House of Lords Constitution Committee recently reported on the constitutional issues that are likely to be raised by the “Great Repeal Bill”. This post, written by Mark Elliott and Stephen Tierney, examines some of the key issues addressed by the Committee in its report.
The House of Lords Constitution Committee has published a report on the European Union (Notification of Withdrawal) Bill. The Bill, which is presently being considered by the House of Lords, was introduced into Parliament in the wake of the Supreme Court’s judgment in R (Miller) v Secretary of State for Exiting the European Union 
Several eminent lawyers argue that legislation authorising the triggering of Article 50 is insufficient to authorise the conclusion of the Brexit process. But it is far from clear that their analysis is compatible with the judgment of the Supreme Court in the Miller case.