Category: Constitutional Law

1,000 words / The European Union (Withdrawal) Act 2018

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.

Human Rights Post-Brexit: The Need for Legislation?

In this post, Mark Elliott, Stephen Tierney and Alison L Young consider the implications of the EU (Withdrawal) Bill for human rights protection — and how the Bill might be amended if the protections afforded by the Charter of Fundamental Rights are to be maintained after Brexit

Sovereignty or supremacy? Lords Constitution Committee reports on EU (Withdrawal) Bill

Mark Elliott and Stephen Tierney summarise the House of Lords Constitution Committee’s report on the EU (Withdrawal) Bill, and highlight some of the key constitutional implications raised by the Committee

Through the Looking-Glass? Ouster Clauses, Statutory Interpretation and the British Constitution

In a new paper, I examine the way in which judges in the UK respond to ouster clauses — and reflect on what such responses might tell us about the nature of the contemporary British constitution and the courts’ perception of their place within it

Does the Government defeat on clause 9 of the EU (Withdrawal) Bill mean Parliament has ‘taken back control’?

In the Government’s first defeat on the European Union (Withdrawal) Bill, Parliament has insisted that a withdrawal agreement cannot be implemented without its approval. But does that really mean that Parliament is now in the driving seat when it comes to shaping the terms of Brexit?

The Brexit agreement and citizens’ rights: Can Parliament deliver what the Government has promised?

In the preliminary agreement concerning the terms of Brexit, the UK Government promises to give EU citizens’ rights direct effect in UK law and to make them legally ironclad unless the legislating giving effect to them is itself expressly repealed. But does the principle of parliamentary sovereignty prevent such a high degree of protection from being accorded to citizens’ rights?

Privacy International in the Court of Appeal: Anisminic distinguished — again

In the Privacy International case, the Court of Appeal accepted that an ouster clause precluded judicial review of the Investigatory Powers Tribunal. Sales LJ contended that the issue turned on ‘a short point of statutory construction’. The reality, however, is that such cases take the courts into the deepest of constitutional waters.