UK and European law

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 […]

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 […]

Understanding the ‘People’s Challenge’: does Theresa May need Parliament’s approval to trigger Brexit?

The High Court is currently hearing a challenge to the government’s position that it can trigger Article 50 of the Treaty on the European Union by prerogative, without the approval of Parliament. The skeleton argument of one of the intervenors in this case – ‘The People’s Challenge IPs’ – and the response of the government are now online. In a post […]

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    EU law should not be regarded as fundamental from the perspective of common law

EU law should not be regarded as fundamental from the perspective of common law

Mark Elliott’s view is that, as a matter of law, the arguments around whether legislation is needed or whether the prerogative can be used are finely balanced, but that the better view is that legislation is not required. In policy terms, however, the case for parliamentary involvement in or a referendum on any eventual Brexit deal is extremely strong. This post briefly responds […]

Will UK citizens have to pay to visit the EU after Brexit?

Following a Guardian article on Saturday, and the Home Secretary’s confirmation on Sunday, it’s clear that the EU is planning to institute some kind of Electronic System of Travel Authorisation (ESTA) in future, which could well apply to UK citizens visiting the EU after Brexit. In this post, Steve Peers examines the background, context, and consequences of the proposition.
Background
What is an ESTA?

First […]