UK and European law

Charities must have a voice in Brexit – for the sake of the disaffected people they help

Brexit is causing consternation among charities and the rest of the voluntary sector. But it is happening – and, argues Stuart Etherington, they must step up and ensure they, and the marginalised people they help, have a say in government policy. Many social care workers are EU citizens and their rights must be guaranteed. Brexit will take away some sources […]

Sturgeon’s case for Indyref2 is a shaky one

The SNP have concluded that the political weather to announce Indyref2 will never look as good as it does right now. Looking at the process of negotiating Brexit, however, the claim that the case for Indyref2 is about the timing is a highly contestable one, write Daniel Kenealy and Stuart MacLennan.

The UK and Scottish Governments are locked in a showdown over […]

Will Brexit spell the end of the ECtHR, and the arrival of a British Bill of Rights?

Eurosceptics have long had the European Court of Human Rights in their sights. Soon the EU Charter of Fundamental Rights is likely to disappear from the UK’s legal landscapes. Tobias Lock and Tom Gerard Daly argue that Brexit will make it easier for Eurosceptics to achieve their aim of replacing the Human Rights Act with a British Bill of Rights […]

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    Permalink An anti-Brexit demo in Berlin, July 2016. Photo: <a href=Elly Clarke. Public domain" />Gallery

    Logically flawed, morally indefensible: EU citizens in the UK are bargaining chips

Logically flawed, morally indefensible: EU citizens in the UK are bargaining chips

The rights of EU citizens living in the UK are not guaranteed. An amendment that would have given them post-Brexit rights regardless of the outcome of negotiations was voted down in the Commons. Ruvi Ziegler says the government’s argument – which says that by refusing to guarantee EU citizens’ rights, it is protecting British people living in the EU – is […]

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    Video: Brexit is bound to result in a constitutional aftershock for the UK

Video: Brexit is bound to result in a constitutional aftershock for the UK

A lecture by Floris de Witte and Jo Murkens from the Law Department at LSE as part of the LSE’s Programme on Brexit and the lecture series ‘Brexit: Implications for the UK, the EU and the international system’.

This post gives the views of its authors, not the position of LSE Brexit or the London School of Economics.

Brexit in the Supreme Court – a landmark ruling, or monumental waste of time and money?

The Miller case was of great interest to the legal and political establishment. But was it a landmark ruling for constitutional law? On the contrary, argues Simon Witney: the case was all about politics. Parliament made an error in drafting the EU Referendum Act, and then failed to clarify it. But Parliament, as this week’s vote showed, was quite content […]

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    In some respects the Brexit referendum was a violation of human rights

In some respects the Brexit referendum was a violation of human rights

In some respects the Brexit referendum itself was a violation of human rights, argues Adrian Low.  Three substantial groups were denied the opportunity to vote when inclusion of any two of those groups would almost certainly have reversed the result.  Rational democratic decision-making was negated by a campaign of exaggeration and lies and unnecessary last-minute poll predictions encouraged complacency […]

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    The Supreme Court’s ruling on Article 50 – in sticky notes

The Supreme Court’s ruling on Article 50 – in sticky notes

The Supreme Court has ruled by 8-3 that only Parliament can trigger Article 50 and begin the process of taking Britain out of the EU. Joelle Grogan follows up her earlier guide to the case with a quick sticky note summary of the Justices’ decision.

 

 

This post represents the views of the author and not those of the Brexit blog, nor the […]

Miller in the Supreme Court: a welcome reminder of the function of a constitution and the rule of law

The Supreme Court’s 8:3 ruling against the government is measured and restrained in tone – but it is the most important constitutional case the Court has ever heard, writes Jo Murkens. The Justices have ruled that the government cannot leave the EU without Parliament’s consent. And while they also declared EU membership a reserved matter and therefore one that must […]

The Article 50 case explained in sticky notes

The intricacies of the Article 50 Brexit case, on which the Supreme Court will hand down judgment on 24 January, can be difficult to grasp for non-lawyers. Joelle Grogan explains it in a series of sticky notes.

 

 

This post represents the views of the author and not those of the Brexit blog, nor the LSE. 

Joelle Grogan is a […]