The Internal Market Bill: My evidence to the House of Lords Constitution Committee

I was pleased to be invited to give evidence earlier this week to the House of Lords Constitution Committee on the constitutional issues arising from the United Kingdom Internal Market Bill (about which I wrote in an earlier blogpost). In giving evidence to the Committee, I appeared alongside Sir Stephen Laws, former First Parliamentary Counsel,… Continue reading The Internal Market Bill: My evidence to the House of Lords Constitution Committee

House of Lords Constitution Committee reports on Parliamentary Scrutiny of Treaties

By Mark Elliott and Stephen Tierney The topic of parliamentary scrutiny of the making of treaties could hardly be more topical, given the role that Parliament is currently playing in relation to the Withdrawal Agreement that the UK Government is seeking to enter into with the European Union. That role arises from section 13 of… Continue reading House of Lords Constitution Committee reports on Parliamentary Scrutiny of Treaties

The Healthcare Bill: A case study in the implications (and dangers) of legislating for Brexit

The House of Lords Constitution Committee recently issued a report on the Healthcare (International Arrangements) Bill. The Bill amounts to an excellent, if alarming, case study on constitutional implications of legislating for a blind Brexit — blind in the sense that it remains unclear whether the UK will leave the EU on 29 March 2019… Continue reading The Healthcare Bill: A case study in the implications (and dangers) of legislating for Brexit

House of Lords Constitution Committee reports on Delegated Powers

The House of Lords Constitution Committee has published a major report on delegated powers. In this post, Mark Elliott and Stephen Tierney highlight the main constitutional issues and concerns identified in the report and set out the Committee's principal recommendations

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

Q: What does the Space Industry Bill have to do with the separation of powers? A: More than you’d think

The EU (Withdrawal) Bill has focussed attention on the making of secondary legislation and its separation of powers implications. But in fact most modern legislation confers extensive delegated powers — and the Space Industry Bill, which currently being considered by Parliament, is a textbook example.

The Conservative Party Manifesto and the Constitution

The Conservative Party — which, barring an electoral surprise that would make the election of Donald Trump look pedestrian, will form the next UK administration — has published its manifesto. What does it reveal about the constitutional aspects of the party's programme for government?

“She is constitutionally absolutely wrong”: The Lord Chief Justice on the Lord Chancellor

The Daily Mail called the judges who decided the Miller Article 50 case "enemies of the people". What, asked the House of Lords Constitution Committee, did the Lord Chief Justice make of the Lord Chancellor's lacklustre response to such media criticism of the judiciary?

The “Great Repeal Bill” and Delegated Powers

The House of Lords Constitution Committee recently reported on the constitutional issues that are likely to be raised by the "Great Repeal Bill". This post, written by Mark Elliott and Stephen Tierney, examines some of the key issues addressed by the Committee in its report.

European Union (Notification of Withdrawal) Bill: Report of House of Lords Constitution Committee

The House of Lords Constitution Committee has published a report on the European Union (Notification of Withdrawal) Bill. The Bill, which is presently being considered by the House of Lords, was introduced into Parliament in the wake of the Supreme Court’s judgment in R (Miller) v Secretary of State for Exiting the European Union [2017]… Continue reading European Union (Notification of Withdrawal) Bill: Report of House of Lords Constitution Committee