The Supreme Court’s judgment in the Scottish Continuity Bill case

Earlier this week, the UK Supreme Court gave judgment in relation to the “Scottish Continuity Bill” [2018] UKSC 64. The matter reached the Court through a reference made under section 33(1) of the Scotland Act 1998, according to which the Court has jurisdiction to rule on “the question of whether a [Scottish] Bill or any… Continue reading The Supreme Court’s judgment in the Scottish Continuity Bill case

Confidence motions and the Fixed-term Parliaments Act 2011

The House of Commons Public Administration and Constitutional Affairs Committee (PACAC) has today published an interim report on the effect of confidence motions in the light of the Fixed-term Parliaments Act 2011 (FTPA). The report helpfully cuts through confusion that has developed in this area since the Act was passed under the 2010–15 Conservative-Liberal Democrat… Continue reading Confidence motions and the Fixed-term Parliaments Act 2011

Civil legal aid as a constitutional imperative: A response to Lord Sumption

Having prefaced his tenure as a Supreme Court Justice with a controversial lecture that (as Sir Stephen Sedley put it) he used “to reprove the judiciary which he was about to join for failing to keep out of the political arena”, the end of Lord Sumption’s judicial career is now marked by an address that… Continue reading Civil legal aid as a constitutional imperative: A response to Lord Sumption

The Brexit Withdrawal Agreement: Taking back “control of our laws”?

On its new "Brexit Facts" website, the UK Government takes issue with the claim that the Brexit Withdrawal Agreement "would not give us back control of our laws". However, in disputing that claim, the Government makes some questionable assertions of its own

House of Lords Constitution Committee reports on Delegated Powers

The House of Lords Constitution Committee has published a major report on delegated powers. In this post, Mark Elliott and Stephen Tierney highlight the main constitutional issues and concerns identified in the report and set out the Committee's principal recommendations

Parliamentary control over Brexit-related delegated legislation: An important Government climbdown

After digging in its heels, the House of Commons Procedure Committee has extracted an undertaking from the Government that the process of scrutinising Brexit-related secondary legislation will function as parliamentarians had envisaged when the European Union (Withdrawal) Act 2018 was being enacted

Executive law-making and Brexit: Are Parliament’s hard-won safeguards being undermined?

The EU (Withdrawal) Act 2018 gives extraordinary law-making powers to the Government. Parliament sought to counterbalance those powers with a bespoke system for scrutinising their exercise. But is the Government now undermining those arrangements?

The UK Constitution After Miller: Brexit and Beyond

Mark Elliott, Jack Williams and Alison L Young introduce The UK Constitution After Miller: Brexit and Beyond — an edited collection published by Hart Publishing which explores the constitutional implications and legacy of the UK Supreme Court’s landmark judgment in the Miller case