Tag: EU law

The Brexit agreement and citizens’ rights: Can Parliament deliver what the Government has promised?

In the preliminary agreement concerning the terms of Brexit, the UK Government promises to give EU citizens’ rights direct effect in UK law and to make them legally ironclad unless the legislating giving effect to them is itself expressly repealed. But does the principle of parliamentary sovereignty prevent such a high degree of protection from being accorded to citizens’ rights?

Public Law Update #4: Brexit, the separation of powers and devolution

The third edition of Public Law was published by Oxford University Press in May 2017. This is the last in a series of posts by the authors, Mark Elliott and Robert Thomas, taking the 2017 election and Brexit as reference points and updating readers on recent developments in the field. These posts are based on updates first published by Oxford University Press in the book’s Online Resource Centre.

Public Law Update #3: The EU (Withdrawal) Bill, legal certainty and the rule of law

The third edition of Public Law was published by Oxford University Press in May 2017. This is the third in a series of posts by the authors, Mark Elliott and Robert Thomas, taking the 2017 election and Brexit as reference points and updating readers on recent developments in the field. These posts are based on updates first published by Oxford University Press in the book’s Online Resource Centre.

Article for Prospect Magazine on the EU (Withdrawal) Bill

I have written a short piece for Prospect magazine about the constitutional issues raised by the European Union (Withdrawal) Bill: MPs today begin debating what was once grandly dubbed the “Great Repeal Bill”. The European Union (Withdrawal) Bill, as it is now more soberly known, is intended to avert legal catastrophe when Britain leaves the EU, by

Continue reading

House of Lords Constitution Committee issues interim report on EU (Withdrawal) Bill

In an interim report on the European Union (Withdrawal) Bill, the House of Lords Constitution Committee has said that the “political, legal and constitutional significance of the Bill is unparalleled”. In this post, Mark Elliott and Stephen Tierney examine the main points made in the report and comment on the key issues raised by it.

The Devil in the Detail: Twenty Questions about the EU (Withdrawal) Bill

The EU (Withdrawal) Bill is an enormously complex piece of legislation which is likely to bequeath a similarly complex — and uncertain — post-Brexit legal system. Examining the Bill will present Parliament with a unique challenge. In the interests of promoting scrutiny and debate, this post sets out 20 questions that highlight important, and sometimes fundamental, ambiguities and difficulties in relation to the Bill as it is presently drafted.