Great Repeal Bill

Scotland and Wales wait for the Supreme Court referee on Brexit

As the UK government refers the Scottish and Welsh bills to alter inherited EU law to the Supreme Court, Richard Parry (University of Edinburgh) discusses the interacting policies on devolution and Brexit.

As part of their unfolding tactics on Brexit, the Scottish and Welsh governments have through their legislators taken powers to alter inherited EU-based law in devolved areas after Brexit […]

Long read | Brexit and the sovereignty of Parliament: a backbencher’s view

Brexit is a constitutional, legal, and political challenge of a size the UK has not seen in decades and will have consequences that are both uncertain and long-lasting. In this post, Dominic Grieve MP offers his distinctive perspective on Brexit, discussing the concept of parliamentary sovereignty, the role of international courts in UK law, and the more troubling aspects of the Withdrawal […]

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    Brexit is an opportunity for MPs to scrutinise legislation better

Brexit is an opportunity for MPs to scrutinise legislation better

The proposed new sifting committee for Statutory Instruments under the EU (Withdrawal) Bill will not give MPs meaningful and effective oversight of them – unless amendments are made to more effectively hold the government to account, writes Joel Blackwell (Hansard Society).

The EU (Withdrawal) Bill, which returned to the House of Commons for its report stage on 16 January, was successfully amended at committee […]

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    The Lords are unlikely to derail or overly delay the passage of the EU (Withdrawal) Bill

The Lords are unlikely to derail or overly delay the passage of the EU (Withdrawal) Bill

In this blog, Richard Reid explains why the House of Lords is unlikely to derail or overly delay the passage of the European Union (Withdrawal) Bill that is about to be introduced into the Chamber. He contends that while the mood of the House regarding Brexit is difficult to tell, it seems that there is little appetite for a direct collision […]

Article 50 does allow Britain to negotiate a transitional period

The PM intends to negotiate a transitional period after March 2019, during which people, businesses and services would have time to adapt to Brexit while the current regulatory framework is maintained. But it is still unclear how Britain will do this. Federico Ortino and Holger Hestermeyer (King’s College London) argue that Article 50 allows the UK to postpone the beginning of the withdrawal […]

Why May can’t have it all: the ECJ and the Brexit rules of (dis-)engagement

Theresa May was adamant that the UK would not accept the jurisdiction of the European Court of Justice after Brexit. But as reality has sunk in, that red line has begun to blur. LSE Fellow Anna Tsiftsoglou explains why the ECJ is such a vital issue in the exit negotiations. To reverse David Davis’ footballing metaphor, if the UK plays in […]

Legislation that is, and is not: the deeply problematic Repeal Bill

The (no longer ‘Great’) Repeal Bill has been published, and is likely to encounter considerable opposition in both Parliament and the devolved assemblies. Joelle Grogan says that the Bill marks a move away from individual rights and remedies and offers nothing to allay concerns about ministers’ ability to amend laws without parliamentary scrutiny (Henry VIII clauses). It will be up […]

When EU laws are repatriated, will all the power go to Westminster?

‘Taking back control’ of laws from the EU was a major theme of the Leave campaign. But when an EU law applies to a devolved power, should Westminster, Stormont, Edinburgh or Cardiff take back the control? For the devolved nations, the answer is obvious; but the UK government argues it needs control of many powers in order to maintain […]

LSE Continental Breakfast 3: Whitehall feels the strain

In the third of LSE’s Continental Breakfasts – held under Chatham House rules, so participants can speak as freely as they wish – a roundtable discussed the immense challenges facing Whitehall as it gets to grips with Brexit. Philipp Dreyer reports on some of the key points.

The task Whitehall faces in delivering the government’s Brexit strategy is immense and unprecedented. Not even […]

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    ‘Things were better in the past’: Brexit and the Westminster fallacy of democratic nostalgia

‘Things were better in the past’: Brexit and the Westminster fallacy of democratic nostalgia

Dave Richards and Martin Smith examine why Brexiteers want to ‘take back control’ and how this desire is not only paradoxical but part of a ‘democratic nostalgia’ which could further exacerbate political disengagement.

Explanations of Britain’s vote to Leave the EU have tended to focus on how it is a response to, and a potential resolution for, a series […]