Tag: featured

On why, as a matter of law, triggering Article 50 does not require Parliament to legislate

In his resignation statement, David Cameron took it to be the case that triggering the UK’s formal withdrawal from the EU under Article 50 of the Treaty on European Union is a matter for the Prime […]

Can the EU force the UK to trigger the two-year Brexit process?

There has been a great deal of discussion over the last couple of days about whether the European Union can force the United Kingdom to begin the two-year exit process set out in Article 50 […]

A new Prime Minister, or a snap election?

The Prime Minister’s failure to secure a vote in favour of continued EU membership raises obvious questions about both his future and his Government’s. Can the Prime Minister be changed without a general election? And […]

Brexit: Legally and constitutionally, what now?

Roughly half of the country is reeling this morning from the  news that the people of United Kingdom have voted — by a narrow but clear majority — to leave the European Union. There is […]

“Vote leave, take control”? Sovereignty and the Brexit debate

The following article was published — on the day of the UK’s EU referendum — in German in the print and online editions of the Frankfurter Allgemeine Zeitung. It is reproduced here in English, in a lightly amended form, with permission.

The 2016 Queen’s Speech and the Constitution

This year’s Queen’s Speech touches on two possible constitutional reform measures. (I pass over the Wales Bill, which was published in draft in October 2015.) The first concerns the replacement of the Human Rights Act […]

Judicial Power’s 50 “problematic” cases and the limits of the judicial role

The Judicial Power Project has published a list of 50 “problematic” cases. It makes for interesting reading. The aim of the Judicial Power Project is to address the “problem” of “judicial overreach” which, it is […]