Interviewed on LBC, Boris Johnson said that his Government was proposing to legislate in order to make ‘trivial’ changes to the Northern Ireland Protocol. In this post, I will explain what the planned legislation will do; why the changes are not ‘trivial’; why it is, in fact, legally impossible for the UK to make unilateral … Continue reading The Northern Ireland Protocol Bill
Tag: EU law
So far in this series of posts and accompanying videos, I have introduced an overarching question about the nature of the UK constitution — and, in particular, about whether it is really as flexible as is commonly supposed — and have considered that question in relation to judicial review, the protection of human rights and … Continue reading Constitutional Law: The Big Picture V — Lessons from EU Membership
I recently completed work on an article for a special issue of the Japanese legal journal Horitsu Jiho. The theme of the special issue is the impact of the forces of globalisation and nationalism on constitutional law and the study of it. In my contribution, I consider the potential implications of the United Kingdom's departure … Continue reading The United Kingdom’s constitution and Brexit: A ‘constitutional moment’?
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?
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
In a new journal article, Stephen Tierney and I consider the constitutional implications of the European Union (Withdrawal) Act 2018
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
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
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
Public Law for Everyone 