UK and European law

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 […]

Want to keep your EU and British citizenship? Don’t get your hopes up

Guy Verhofstadt has mooted the idea of ‘associate citizenship’ for British citizens who wanted to keep it post-Brexit. Steve Peers says Verhofstadt not only lacks the authority to negotiate on this issue, but the chances of securing agreement from all other member states are pretty remote. He stands accused of raising false hopes. Nonetheless, were the EU to offer individual […]

The British Constitution’s failure to manage existential risk: back to basics

Brexit comes at a precarious time for the UK – with an ineffective Opposition, continuing calls for Scottish independence and a referendum result that gives no guidance on what kind of exit the British people want. In the second part of a lecture delivered at the Goethe University in Frankfurt on 23 November, David Kershaw warns that the UK’s constitutional arrangements, […]

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    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 […]

Britain must hold fast to the European Convention on Human Rights as it leaves the EU

The European Convention on Human Rights (ECHR) has been much maligned in the British press. But with the UK set to withdraw from the EU’s Charter of Fundamental Rights and continuing uncertainty surrounding the future of the Human Rights Act, Dimitrios Giannoulopoulos warns we risk backsliding on the protection of human rights in the UK unless we continue to respect the Convention. He […]

The Article 50 ruling means Parliament must not merely rubber-stamp Brexit with a three-line bill

The High Court has ensured the government cannot trigger Brexit without parliamentary approval, write Dimitrios Giannoulopoulos, Geoffrey Nice QC, Ben Chigara, Julian Petley, Ignacio de la Rasilla and Katja Sarmiento-Mirwaldt, on behalf of the Britain in Europe think tank. If the Supreme Court upholds the ruling, MPs and peers now have a responsibility to scrutinise the government’s plans and not […]