Great Repeal Bill

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    The political and legal headaches caused by Brexit have only just begun

The political and legal headaches caused by Brexit have only just begun

If the recent high court ruling on Brexit is upheld, then MPs in the UK Parliament will have to approve the decision to trigger Article 50 and begin the process for leaving the European Union. But how would this vote actually take place and what influence will Parliament have over the negotiations? Based on a recent report, Sara Hagemann assesses Parliament’s […]

The High Court judgment on Article 50 is a proper drubbing for the government

The High Court has ruled that Parliament must be consulted before Article 50 is triggered and Britain begins the process of leaving the EU. Jo Murkens says the judgment was exemplary in its clarity and reasoning, and amounts to a major setback for Theresa May’s plans.

Did judges today declare war on democracy? Did the High Court overstep its mark into […]

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    The UK will have to withdraw from the Human Rights Convention if it wants to deport EU citizens

The UK will have to withdraw from the Human Rights Convention if it wants to deport EU citizens

Imminent departure from the European Union has delayed but not dimmed the British government’s determination to be done with domestic human rights law. LSE’s Conor Gearty writes on the future of human rights in the UK following Brexit. He concludes that the UK will have to withdraw from the Human Rights Convention if it wants to deport EU citizens.

Enacted in the […]

The Great ‘Repeal’ Act will leave Parliament sidelined and disempowered

Brexit was supposed to return parliamentary sovereignty. Instead it has brought about the most submissive, disempowered Parliament in modern history, writes Jo Murkens. The Great ‘Repeal’ Act will collapse the distinction between EU and national law, creating powers never expressly granted by Parliament. It will probably also enable the government to amend primary legislation without a parliamentary vote. Parliament now finds […]

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    There is no such thing as the ‘will of the people’ – Brexit needs the involvement of parliament

There is no such thing as the ‘will of the people’ – Brexit needs the involvement of parliament

Theresa May has rejected calls for the UK parliament to have a vote on the terms of Brexit, however, on 12 October she accepted that there will be an opportunity for parliament to debate the country’s strategy before Article 50 is triggered. Valentino Larcinese states that the argument against parliament having a strong role in the process rests on […]

Understanding the ‘People’s Challenge’, part 2: the how and why of prerogative power

The question of prerogative power is at the heart of the ‘People’s Challenge’ currently before the High Court. Does the government have the power to invoke Article 50 without consulting Parliament? In the first part of her analysis for the Oxford Human Rights Hub, Alison Young looked at the government’s argument that the courts do not have jurisdiction over […]

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    On your marks, get set LEAVE! The technical challenge of the Great Repeal Bill

On your marks, get set LEAVE! The technical challenge of the Great Repeal Bill

Perhaps with an eye to the departure of the Great British Bake Off from the BBC, Theresa May’s government appears to be seeking to fill the gap in the schedule. In this article, Kenneth Armstrong argues that the inclusion of a Great “British” Repeal Bill in the Queen’s Speech represents a technical challenge that voters might find difficult to digest.

Timed to […]

The Great Repeal Bill may – ironically – undermine Parliament’s role in post-Brexit lawmaking

Theresa May has made much of her announcement that the European Communities Act will be repealed. But Mark Elliott argues that as well as being legally unnecessary it will probably give Parliament less – rather than more – say over legislation post-Brexit, as ministers are likely to repeal or amend EU laws via executive order. It also suggests May is unwilling […]

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    Don’t be fooled: May’s big EU law announcement is just admin

Don’t be fooled: May’s big EU law announcement is just admin

The papers are very excited about Theresa’s May announcement of a bill to begin the legal process of Brexit. “May fires Brexit starting gun,” the Sunday Times says.  “At last Brexit begins!” squealed the Sunday Express. “A hugely symbolic move”, the Telegraph concluded. Ian Dunt argues, however, that this is merely an administrative measure.

In turned out they were right, even […]