Constitutional Law: The Big Picture V — Lessons from EU Membership

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

The United Kingdom’s constitution and Brexit: A ‘constitutional moment’?

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’?

Did the UK Government act unlawfully by extending Article 50?

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?

What if ‘exit day’ is not redefined in domestic law?

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?

The Brexit Withdrawal Agreement: Taking back “control of our laws”?

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

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.