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?
Tag: 2017
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.
Does the Salisbury convention apply during a hung Parliament?
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?
Elliott & Thomas: Public Law
Written by Mark Elliott and Robert Thomas, Public Law is the UK's best-selling textbook in the field. The following post is based on the preface to the third edition, which was published by Oxford University Press in 2017.
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… Continue reading Cambridge Centre for Public Law Seminar / The Miller Judgment: An Evaluation
The Conservative Party Manifesto and the Constitution
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?
Does the law require a second referendum before Brexit takes effect?
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?
The “bedroom tax”, Convention rights and secondary legislation
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.
The Supreme Court’s Judgment in Miller: In Search of Constitutional Principle
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.
The “Great Repeal Bill” White Paper in 20 tweets
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.
