UK and European law

  • br door
    Permalink Photo: <a href=John K Thorne. Public domain" />Gallery

    Long read: Does the EU stop Britain from using state aid to help its economy?

Long read: Does the EU stop Britain from using state aid to help its economy?

Some argue that when it is no longer constrained by the EU’s state aid rules, Britain will be able to pursue a more interventionist economic strategy. Kitty Stewart (LSE) asks whether this claim stacks up.

A series of EU regulations restrict state intervention in the economy in EU member states, including complex state aid rules aimed at promoting competition. The original […]

  • Permalink Gallery

    Brexit and collective cabinet responsibility: why the Convention is still working

Brexit and collective cabinet responsibility: why the Convention is still working

Robert Brett Taylor (University of Aberdeen) discusses constitutional conventions under the post-Brexit constitution. He asks whether there is a continued constitutional purpose for the Convention of Collective Cabinet Responsibility in the modern era? He maintains that, despite current turmoil, it would be premature to say that the Convention is broken as a result of Brexit. 

Theresa May’s attempts to deliver Brexit have […]

  • Permalink Gallery

    Elections to the European Parliament: what if more people voted?

Elections to the European Parliament: what if more people voted?

Can the rise of Eurosceptic and extremist parties be blamed on the mobilisation of people who previously had abstained from the polls? An analysis of the 2009 and 2014 elections to the European Parliament suggests that support for Eurosceptic parties would be largely unaffected by changes in voter turnout, write Uwe Remer-Bollow, Patrick Bernhagen and Richard Rose. Extremist parties would even have lost […]

How to use referendums correctly in British democracy

The Brexit referendum represents a constitutional turning point for many reasons and it has shown how referendums can be dangerous for the British constitution. According to Claudio Martinelli (University of Milan-Bicocca) British institutions should accept a fundamental distinction between two types of referendums: those that allow the electoral body to choose between two clear and defined results, and those […]

  • Permalink Gallery

    Long read | How the perennial problem of Northern Ireland took centre stage in Brexit

Long read | How the perennial problem of Northern Ireland took centre stage in Brexit

Northern Ireland has played a starring role in the unfolding of Brexit, writes Lisa Claire Whitten (Queen’s University Belfast). The “particular circumstances” presented by the “unique…challenges” of Northern Ireland did not feature prominently in the early stages of Brexit but these have since defined the process.

The question of how to ‘solve’ the problem of the Irish border was the most […]

  • Permalink Gallery

    The UK will remain deeply intertwined with the EU after Brexit – just how much, the courts will decide

The UK will remain deeply intertwined with the EU after Brexit – just how much, the courts will decide

Much has been written on the relationship between Parliament and the government in the wake of Brexit. Very little attention has been given to the role of our courts after Brexit, which should not be overlooked. There are two important reasons why we should focus on this, writes Martin Brenncke (Aston Law School). First, judges will be key players in […]

Irish unification is a solution to the border conundrum

Addressing the Irish border question has been at the centre of Brexit. Proposed solutions to the issue have divided not just the UK and the EU, but also the UK government and Parliament, and the two main political parties in Northern Ireland. These polarised approaches have resulted in delays to the Brexit process. Given the current political impasse, a […]

  • Permalink Gallery

    Brexit is a form of secession – Scotland and Northern Ireland might soon follow

Brexit is a form of secession – Scotland and Northern Ireland might soon follow

Article 50 allows a Member State ‘to withdraw from the Union in accordance with its own constitutional requirements’. In legal terms, Brexit bears a significant resemblance to secession, argues Nikos Skoutaris (UEA). This process marks the rupture with the old constitutional order and the creation of a new one. Brexit, therefore, might also become the catalyst for the secession of the […]

  • Permalink Gallery

    Deal or No Deal, or Remain: the only way out is to ask the people exactly what they want

Deal or No Deal, or Remain: the only way out is to ask the people exactly what they want

There is deadlock over Brexit because the “will of the People” is contradictory, argues Anthony McGann (University of Strathclyde). The people voted to leave the EU, but do not support any of the feasible Brexit options. This paradox is an example of a social choice problem called the “Discursive Dilemma”. The only way out is a referendum that asks the […]

Brexit is unnecessary. Indeed, we already enjoy some of its advantages

The UK has been the most successful of all the EU member states in getting its own way in the EU. We have our own form of membership. We get all the advantages of membership and we avoid some of what we have seen as its big disadvantages, writes Philip Allott (University of Cambridge).

The Brexit negotiations have been a prolonged […]