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effect in UK law and to make them legally ironclad unless the legislating giving effect to them is itself expressly repealed.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?
Some senior MPs have suggested that Parliament could stop Brexit in its tracks in a ‘no deal’ scenario. The reality, however, is far more complex. Parliament might be sovereign, but there are limits to what even it can legally achieve.
Talk of a ‘transitional’ or ‘implementation’ period as a means of smoothing the UK’s departure from the EU is now commonplace. But how would it work legally? A new briefing paper to which I have contributed explores that question.
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) […]
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.