Tag: 2018

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?

Britain’s constitution is buckling under the weight of Brexit

Brexit is placing the UK constitution under unprecedented strain. This article, originally published online by Prospect magazine, takes stock of where Brexit currently stands in domestic-constitutional terms

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

Legislating in the dark: The Government’s White Paper on the Withdrawal Agreement Bill

The Government has published a White Paper outlining the legislation it will put to Parliament to give effect to the hoped-for Brexit withdrawal agreement. This post considers the constitutional issues raised by the proposed legislation — including its relationship with the just-enacted EU (Withdrawal) Act 2018

Sovereignty, Primacy and the Common Law Constitution: What has EU Membership Taught Us?

In a new paper, I explore what light has been shone on the UK constitution, and on the axiomatic principle of parliamentary sovereignty in particular, by EU membership — and what the post-Brexit constitutional legacy of that membership might be

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.

Consistency as a free-standing principle of administrative law?

The importance of consistency in decision-making has been increasingly recognised in English administrative law. The Supreme Court’s recent judgment in Gallaher, in which consistency is said not to be a free-standing administrative law principle, is thus both surprising and questionable.