In a recent article in the Telegraph, Professor John Finnis advances two quite astonishing arguments. First, he advocates proroguing Parliament until after 12 April (the day on which the UK is scheduled to leave the EU) in order to ‘terminate parliamentary debate’ on Brexit. (Prorogation is the ending of a parliamentary session pending the next … Continue reading Brexit, the Executive and Parliament: A response to John Finnis
The Government has confirmed that tomorrow, Friday 29 March, it will lay a motion before the House of Commons seeking its approval of the Withdrawal Agreement — but not of the Political Declaration concerning the UK’s future relationship with the EU. It has further indicated that if the Withdrawal Agreement is approved, it will introduce … Continue reading Meaningful Vote 3: The legal implications of separating the Withdrawal Agreement and the Political Declaration
A group of Conservative MPs — including Suella Braverman, Bill Cash and David Jones — have written to the Prime Minister arguing that the UK Government acted unlawfully by obtaining an extension to the Article 50 period without (in their view) due reference to Parliament. Their argument centres upon the way in which the definition … Continue reading Did the UK Government act unlawfully by extending Article 50?
I wrote yesterday about the statutory instrument that the Government has laid before Parliament so as to realign the domestic definition of ‘exit day’ in the European Union (Withdrawal) Act 2018 (EUWA) with the European Council’s decision to extend the Article 50 period to 12 April or 22 May (depending on whether the Withdrawal Agreement … Continue reading What if ‘exit day’ is not redefined in domestic law?
In an earlier post, I explained that the European Council’s decision to extend the Article 50 period is a separate matter from the way in which ‘exit day’ is defined in the European Union (Withdrawal) Act 2018 (EUWA). Among other things, this means that whether or not ‘exit day’ is redefined in domestic law will … Continue reading Redefining ‘exit day’ in domestic law
Throughout all of the twists and turns of the Brexit process so far, a rare point of certainty had (until recently) been that the UK was set to leave the EU on 29 March 2019. But following last week’s European Council decision, that is no longer the case. The new default position is that the … Continue reading Revoking Article 50: Legislating to take a no-deal Brexit off the table
There appears to be a degree of uncertainty about the legal position concerning the extension of Article 50. Confusion seems to have arisen thanks to a combination of the way in which the European Council structured its decision to grant an extension and failure to understand the distinction and relationship between relevant provisions of European … Continue reading Extending Article 50: Separating myth and legal reality
The House of Lords Constitution Committee recently issued a report on the Healthcare (International Arrangements) Bill. The Bill amounts to an excellent, if alarming, case study on constitutional implications of legislating for a blind Brexit — blind in the sense that it remains unclear whether the UK will leave the EU on 29 March 2019 … Continue reading The Healthcare Bill: A case study in the implications (and dangers) of legislating for Brexit
https://youtu.be/3G00xv8HfWY I have written before about the Supreme Court’s judgment, given in December 2018, in the ‘Scottish Continuity Bill case’  UKSC 64. The Continuity Bill was adopted by the Scottish Parliament against the background of serious disagreement between the Scottish and UK Governments concerning the UK Parliament’s European Union (Withdrawal) Act 2018 (on which see this post). That disagreement … Continue reading Video: Cambridge Centre for Public Law event on the Scottish Continuity Bill case
During an interview on the Today programme on Radio 4 (here, beginning two hours and ten minutes into the broadcast), Sir Stephen Laws made — or at least appeared to accede to — an arresting suggestion about the withholding of royal assent from legislation. In particular, he appeared to endorse the view that if the … Continue reading Can the Government veto legislation by advising the Queen to withhold royal assent?