The third edition of Public Law was published by Oxford University Press in May 2017. This is the first in a series of posts by the authors, Mark Elliott and Robert Thomas, taking the 2017 election and Brexit as reference points and updating readers on recent developments in the field. These posts are based on updates first published by Oxford University Press in the book's Online Resource Centre.
The EU (Withdrawal) Bill has focussed attention on the making of secondary legislation and its separation of powers implications. But in fact most modern legislation confers extensive delegated powers — and the Space Industry Bill, which currently being considered by Parliament, is a textbook example.
I have written a short piece for Prospect magazine about the constitutional issues raised by the European Union (Withdrawal) Bill: MPs today begin debating what was once grandly dubbed the “Great Repeal Bill”. The European Union (Withdrawal) Bill, as it is now more soberly known, is intended to avert legal catastrophe when Britain leaves the EU, by… Continue reading Article for Prospect Magazine on the EU (Withdrawal) Bill
In an interim report on the European Union (Withdrawal) Bill, the House of Lords Constitution Committee has said that the “political, legal and constitutional significance of the Bill is unparalleled”. In this post, Mark Elliott and Stephen Tierney examine the main points made in the report and comment on the key issues raised by it.
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.
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?
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.
A collection of key texts, official publications and commentaries relating to the European Union (Withdrawal) Bill
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.
This post looks in some detail (albeit preliminarily) at how the EU (Withdrawal) Bill works, and comments on some of the key constitutional issues that it raises. A shorter post on the Bill, which forms part of my 1,000 words series, can be found here.