Great Repeal Bill

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    Elective dictatorship? The democratic mandate concept has become dangerously over-extended

Elective dictatorship? The democratic mandate concept has become dangerously over-extended

Against the background of a general breakdown of public confidence in the political elite, politicians on both left and right have seen themselves not as part of a broader governing elite but as outsiders, empowered by their democratic mandate to shake up government and make it more responsive to the wishes of the people. Nat le Roux argues that taken to its […]

No longer welcome: the EU academics in Britain told to ‘make arrangements to leave’

Some EU citizens living in Britain who decided to seek permanent residency after the Brexit vote are being told to make arrangements to leave. A number of these people are among the 31,000 EU academics currently working in UK universities. Colin Talbot says many are alarmed and some have already decided to leave – putting the expertise of Britain’s universities […]

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    Permalink Henry VIII flanked by Jane Seymour and Prince Edward.  Photo: <A href=Lisby. Public domain" />Gallery

    Rights for the chop: how a Henry VIII clause in the Great Repeal Bill will undermine democracy

Rights for the chop: how a Henry VIII clause in the Great Repeal Bill will undermine democracy

The Great Repeal Bill will put EU law on the UK statute book. But what happens to it after that will often be down to ministers, who can use the ‘Henry VIII clause’ to amend or repeal legislation without the need for parliamentary scrutiny. Joelle Grogan argues that this is not only undemocratic, but may well lead to the loss […]

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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 […]