UK and European law

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 […]

Supreme irony: why the Supreme Court could ask the European Court of Justice for a ruling

Will the European Court of Justice get involved in the Supreme Court’s deliberations about Article 50? It’s quite possible, says Steve Peers. He explains why and how the justices might decide to seek a ruling from the ECJ. The question of whether Article 50 can be revoked is key: if it is reversible, Brexit wouldn’t necessarily lead to the removal […]

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    Potential removal of EU nationals from the UK is not incompatible with the Human Rights Act

Potential removal of EU nationals from the UK is not incompatible with the Human Rights Act

In an earlier post on this blog, Professor Conor Gearty of LSE argued that even post-Brexit the UK will not be able to remove European Union citizens from the UK unless the country withdraws also from the European Convention on Human Rights. Paul Skinner does not consider that this conclusion is correct. He argues, in essence, that the protection afforded […]

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    Some reactions to the Article 50 judgment in the High Court are frightening

Some reactions to the Article 50 judgment in the High Court are frightening

Some of the recent reactions to the Article 50 judgment in the High Court are frankly frightening. Gavin Phillipson asks whether rightwing politicians and journalists attach any value at all to what we call ‘the rule of law’ or ‘the independence of the judiciary’? He worries that they are out simply to bully the judges and whip up hatred against […]

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 […]