Tag: EU law

Now published | 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.

Human Rights Post-Brexit: The Need for Legislation?

In this post, Mark Elliott, Stephen Tierney and Alison L Young consider the implications of the EU (Withdrawal) Bill for human rights protection — and how the Bill might be amended if the protections afforded by the Charter of Fundamental Rights are to be maintained after Brexit

Sovereignty or supremacy? Lords Constitution Committee reports on EU (Withdrawal) Bill

Mark Elliott and Stephen Tierney summarise the House of Lords Constitution Committee’s report on the EU (Withdrawal) Bill, and highlight some of the key constitutional implications raised by the Committee

Does the Government defeat on clause 9 of the EU (Withdrawal) Bill mean Parliament has ‘taken back control’?

In the Government’s first defeat on the European Union (Withdrawal) Bill, Parliament has insisted that a withdrawal agreement cannot be implemented without its approval. But does that really mean that Parliament is now in the driving seat when it comes to shaping the terms of Brexit?