Tag: Brexit

House of Lords Constitution Committee takes evidence on ‘Great Repeal Bill’

On 1 February, the House of Lords Constitution Committee took evidence from Professors John Bell, Paul Craig and Alison Young on the likely constitutional implications of the ‘Great Repeal Bill’. The ‘Great Repeal Bill’ is not to be confused with the European Union (Notification of Withdrawal) Bill, which is currently before Parliament. The latter Bill was introduced

Continue reading

1,000 words / The Supreme Court’s Judgment in Miller

In this 1,000 words post I analyse and reflect upon the Supreme Court’s judgment in R (Miller) v Secretary of State for Exiting the European Union [2017] UKSC 5. Since writing this post, I have completed work on a longer article on Miller for the Cambridge Law Journal. A pre-publication version of the article can be downloaded here.

Brexit, sovereignty, and the contemporary British constitution: Four perspectives on Miller

To say that the Miller case has stimulated a wide-ranging constitutional debate would be to engage in rash understatement. The pages of the UK Constitutional Law Association Blog, in particular, are replete with posts that examine the issues raised by the case from a rich variety of perspectives and which advance a broad spectrum of

Continue reading

1,000 words / The Miller case in the Supreme Court: The key arguments

The decision of the Supreme Court in Miller — in which the UK Government will ask the Supreme Court to rule that the Article 50 process for withdrawing from the EU can be initiated without parliamentary involvement — may have significant consequences for how Brexit unfolds. But the Court is certainly not being asked to

Continue reading

Article 50, the royal prerogative, and the European Parliamentary Elections Act 2002

It has been argued by some that the European Parliamentary Elections Act 2002 (‘EPEA’) may present a particular obstacle to the use of the prerogative for the purpose of initiating the Article 50 process by which the UK will exit the EU. The argument concerning the EPEA essentially takes the form of a riposte to

Continue reading

‘Brexit in the High Court’ — BBC Radio 4, Law in Action, 8 November 2016

Following the judgment of the High Court in R (Miller) v Secretary of State for Exiting the European Union (about which I have written briefly here, and in more detail, with Hayley Hooper, here), this week’s edition of BBC Radio 4’s Law in Action examines the implications of the decision and broader questions about the next steps that are likely

Continue reading