constitutional law – Page 21 – Current Awareness

Kenneth Campbell QC: Sand in the Gearbox: Devolution and Brexit – UK Constitutional Law Association

Posted September 5th, 2016 in brexit, constitutional law, devolution, EC law, news, Northern Ireland, referendums, Scotland by sally

‘In the immediate aftermath of the EU referendum result, political comment from a number of quarters suggested that the Scottish Parliament could vote to block Brexit. For the comprehensive reasons given by Mark Elliott on his blog, that was a triumph of hope over the constitutional competence of the institution. However, that is not to say that the structures of devolution do not have a significant role in the working out of Brexit, and may yet act as a trigger for wider constitutional change. This post will suggest that the place of the devolved institutions has been underplayed in the debate thus far, and seeks to identify some of the issues which will require to be addressed. These include: the operation of the Sewel convention and other steps to take account of the interests of devolved areas, discussions around the place of Scotland in the EU, and some effects on structures in Northern Ireland.’

Constitutional Law Association, 5th September 2016

Source: www.ukconstitutionallaw.org

Heaven or Hell? Brexit Legal Issues Analysed Through ‘Hotel California’ Lyrics – Littleton Chambers

Posted August 24th, 2016 in brexit, competition, constitutional law, EC law, immigration, interpretation, news, referendums, state aids, treaties by sally

‘This post sets out some of the legal issues arising after the referendum of 23 June 2016, taking a generous liberty with the interpretation of the lyrics of The Eagles’ song “Hotel California”.’

Littleton Chambers, 12th August 2016

Source: www.littletonchambers.com

Jake Rylatt: The Irrevocability of an Article 50 Notification: Lex Specialis and the Irrelevance of the Purported Customary Right to Unilaterally Revoke – UK Constitutional Law Association

Posted July 27th, 2016 in brexit, constitutional law, EC law, international law, interpretation, news, notification, referendums by sally

‘With the constitution of a new UK Government formed around a policy of ‘Brexit’, and the creation of the new ministerial position of ‘Secretary of State for Exiting the European Union’, the likelihood that Article 50 will actually be triggered has increased significantly. In addition to the cavalcade of recent posts addressing who is constitutionally empowered to make the Article 50 notification, attention has also been given to the question of whether an Article 50 notification made in conformity with the constitutional requirements of the UK could be subsequently revoked. An interesting argument raised by Charles Streeten is that ‘an Article 50 notification can be withdrawn unilaterally at any point prior to the expiry of the two year guillotine imposed by Article 50’. This post responds by challenging this argument on two grounds, arguing that ultimately a Member State cannot unilaterally revoke an Article 50 notification once it is made. It will do so by firstly outlining the argument made by Streeten, before explaining its difficulties and attempting to clarify the legal position. In concluding, it will be argued that the decision to trigger Article 50 is one that should be taken with the greatest care; relying upon technical legal arguments to provide a safety net risks creating further uncertainty and undermining the position of the UK in subsequent negotiations.’

UK Constitutional Law Association, 27th July 2016

Source: www.ukconstitutionallaw.org

Stephen Laws: Article 50 and the political constitution – UK Constitutional Law Association

Posted July 18th, 2016 in bills, constitutional law, news, parliament, referendums, treaties by sally

‘The only relevant question now left for the UK about the Art 50 notification is what needs to be done before it is given. It is politically inevitable that the referendum result will be accepted and the notification given, perhaps in January next year.’

UK Constitutional Law Association, 18th July 2016

Source: www.ukconstitutionallaw.org

Yossi Nehushtan: Why Is It Illegal for the Prime Minister to Perceive the EU Referendum’s Result as Morally-Politically Authoritative? – UK Constitutional Law Association

Posted July 12th, 2016 in brexit, constitutional law, constitutional reform, EC law, illegality, news, parliament, referendums, royal prerogative, treaties by sally

‘On the legal front, the current debate focuses on the question of who has the legal authority to trigger Article 50 of the Lisbon Treaty and begin the Brexit process. Some argue (quite convincingly) that only Parliament has this authority (and see Barber, Hickman, and King’s post). Others argue that Government, and in fact the Prime Minister, acting under the Royal Prerogative, can act without the approval of Parliament. The latter is, apparently, the view of Government’s lawyers.’

UK Constitutional Law Association, July 2016

Source: www.ukconstitutionallaw.org

Robert Craig: Triggering Article 50 Does not Require Fresh Legislation – UK Constitutional Law Association

Posted July 11th, 2016 in constitutional law, EC law, ministers' powers and duties, news, parliament, prerogative powers, treaties by sally

‘Considerable public interest has recently been focused on the ‘trigger’ mechanism for exit from the EU which is set out in Article 50 of the Lisbon Treaty. Expert opinion has divided between those who believe that the power to trigger Article 50 rests with the Executive using the legal authority of the royal prerogative from the Crown with no further parliamentary involvement necessary and those who argue that fresh legislation is required to confer statutory authorisation on the Executive to do something which could render nugatory rights under the European Communities Act 1972 (‘ECA’). An ingenious third way involving section 2(2) of the ECA has also been suggested.’

UK Constitutional Law Association, 8th July 2016

Source: www.ukconstitutionallaw.org

First legal attempt to prevent Brexit set for preliminary hearing – The Guardian

Posted July 11th, 2016 in brexit, constitutional law, EC law, ministers' powers and duties, news, parliament, royal prerogative, treaties, ultra vires by sally

‘The first legal attempt to prevent the prime minister initiating Britain’s withdrawal from the European Union is to be heard later this month.’

The Guardian, 8th July 2016

Source: www.guardian.co.uk

Thomas Fairclough: Article 50 and the Royal Prerogative – UK Constitutional Law Association

Posted July 11th, 2016 in constitutional law, EC law, news, referendums, royal prerogative, treaties by sally

‘This piece seeks to address only one question: does Parliament or the Government have the power to decide to withdraw from the European Union in accordance with Article 50 TEU and through the notifying of the European Council of such a decision trigger the two year time limited formal withdrawal negotiations? Nick Barber, Tom Hickman, and Jeff King have argued valiantly that it will be Parliament who has to “pull the Article 50 trigger”. This piece will analyse their arguments and suggest that, contrary to their conclusions, it is the Government, under the Royal Prerogative, that has legal authority to start the Article 50 process.’

UK Constitutional Law Association, 8th July 2016

Source: www.ukconstitutionallaw.org

Jonathan Morgan: A Brexit General Election? – UK Constitutional Law Association

Posted July 11th, 2016 in brexit, constitutional law, EC law, elections, news, referendums, treaties by sally

‘Alea jacta est said Caesar, having crossed the Rubicon and burned his bridges. The Brexit referendum appears equally momentous and irreversible. But is it? There have been calls for Parliament simply to ignore the outcome. A fresh general election should be called to resolve the mounting constitutional crisis.’

UK Constitutional Law Association, 9th July 2016

Source: www.ukconstitutionallaw.org

Colm O’Cinneide: Why Parliamentary Approval for the Triggering of Article 50 TEU Should Be Required as a Matter of Constitutional Principle – UK Constitutional Law Association

Posted July 8th, 2016 in consent, constitutional law, EC law, law firms, news, parliament, referendums, royal prerogative by sally

‘The argument that Article 50 of the Treaty on European Union (TEU) cannot be lawfully triggered without the consent of Parliament has generated plenty of excited discussion over the last week, both in specialist legal circles and in the wider world. The announcement by Mishcon de Reya that that legal action was pending to ‘ensure the UK Government will not trigger the procedure for withdrawal from the EU without an Act of Parliament’ has brought this debate to boiling point. Some commentators have talked excitedly about a ‘legal dream team… launching a last gasp legal bid to preserve Britain’s European Union membership’. In response, there has been a visceral backlash in pro-Leave ranks against what they see as an attempt by conniving lawyers to thwart the will of the people. The front page of the Daily Express on 4 July 2016 led with the banner headline ’Top Lawyers in Threat to Referendum Vote & Democracy’, going on to warn about ‘outrage and rioting on the streets’. Similarly, Professor Frank Furedi commenting on Twitter described the proposed legal action as nothing less than an ‘authoritarian attempt at a “legal” coup’, with Brendan O’Neill indulging in similar hysteria in the Spectator.’

UK Constitutional Law Association, 7th July 2016

Source: www.ukconstitutionallaw.org

Brexit: Legal steps seek to ensure Commons vote on Article 50 – BBC News

Posted July 5th, 2016 in brexit, constitutional law, constitutional reform, EC law, news, parliament, referendums, treaties by sally

‘A law firm is taking action to ensure the formal process for the UK leaving the EU is not started without an act of Parliament.’

BBC News, 4th July 2016

Source: www.bbc.co.uk

Brexit legal challenge launched as businesses move to block EU exit without Act of Parliament – The Independent

Posted July 4th, 2016 in brexit, constitutional law, delay, EC law, law firms, news, notification, parliament, referendums, royal prerogative by michael

‘A group of businesses has launched a legal challenge to prevent the Government from launching Brexit without a formal Act of Parliament.’

The Independent, 4th July 2016

Source: www.independent.co.uk

Jo Murkens: Brexit: The Devolution Dimension – UK Constitutional Law Association

Posted June 28th, 2016 in constitutional law, constitutional reform, devolution, news, Northern Ireland, Scotland, Wales by sally

‘The results of the third nation-wide referendum in the United Kingdom are still sinking in at home and around the world. Just below 52% voted to leave the European Union, just over 48% voted to remain. The widespread conclusion is that the UK must leave the EU.’

UK Constitutional Law Association, 28th June 2016

Source: www.ukconstitutionallaw.org

Kenneth Armstrong: Push Me, Pull You: Whose Hand on the Article 50 Trigger? – UK Constitutional Law Association

Posted June 28th, 2016 in constitutional law, constitutional reform, EC law, news, parliament, referendums, treaties by sally

‘The days since the outcome of the British referendum vote to leave the European Union have seen much speculation over the law and politics of withdrawing from the EU under Article 50 TEU. Two rather separate strands of speculation have begun to appear. On the one hand – and driven by an increasing acceptance that Article 50 TEU will not, as previously intimated, be triggered in the immediate aftermath of the vote – there is conjecture over whether the UK’s hand can be forced to squeeze the trigger and initiate the withdrawal sequence under Article 50. On the other hand, there is some suggestion that Article 50 may not be triggered because Parliament could seek to veto notification to the European Council. We seem to have entered a Doctor Dolittle phase of push me, pull you law and politics.’

UK Constitutional Law Association, 27th June 2016

Source: www.ukconstitutionallaw.org

Nick Barber, Tom Hickman and Jeff King: Pulling the Article 50 ‘Trigger’: Parliament’s Indispensable Role – UK Constitutional Law Association

Posted June 27th, 2016 in constitutional law, EC law, interpretation, news, notification, parliament, referendums, royal prerogative, statute law revision, time limits by sally

‘In this post we argue that as a matter of domestic constitutional law, the Prime Minister is unable to issue a declaration under Article 50 of the Lisbon Treaty – triggering our withdrawal from the European Union – without having been first authorised to do so by an Act of the United Kingdom Parliament. Were he to attempt to do so before such a statute was passed, the declaration would be legally ineffective as a matter of domestic law and it would also fail to comply with the requirements of Article 50 itself.’

UK Constitutional Law Association, 27th June 2016

Source: www.ukconstitutionallaw.org

Brexit won the vote, but for now we remain in the EU – The Guardian

Posted June 27th, 2016 in brexit, constitutional law, EC law, news, parliament, referendums, time limits by sally

‘By not triggering article 50 of the Lisbon treaty immediately after the referendum, David Cameron has bought the UK more time to negotiate terms.’

The Guardian, 24th June 2016

Source: www.guardian.co.uk

Neil Walker: The Brexit Vote: The Wrong Question for Britain and Europe – UK Constitutional Law Association

Posted June 21st, 2016 in brexit, constitutional law, constitutional reform, EC law, news, referendums, treaties by sally

‘Referendums are supposed to provide decisive interventions in the affairs of state. They are designed to produce clear ‘yes or no’ answers to large political questions. And as these answers also come with a rare level of popular endorsement, this should facilitate their effective and timely implementation.’

UK Constitutional Law Association, 21st June 2016

Source: www.ukconstitutionallaw.org

Defining the Boundary Between European and National Law – Six Pump Court

Posted June 15th, 2016 in constitutional law, EC law, jurisdiction, news, ultra vires by sally

‘Increasing emphasis has recently been placed by Leave campaigners on the argument that Britain must leave the EU in order to get back control of its own affairs, and to avoid the uncertain future risks of EU interference. This argument gains a traction from the fear, which we consider unjustified, that there is no real boundary to the potential impact of EU laws and action. Therefore, there would be value in measures, if such were possible, which would define more clearly the boundary of EU law. In fact, two proposals which addressed that very boundary were announced by the Prime Minister in the Chatham House speech in November 2015, in which he set out his renegotiation programme. But no detail has subsequently been heard about such proposals, and they have largely been forgotten. If the subsequent silence is attributable to legal advice that the ideas are impossible, we disagree with such advice.’

Six Pump Court, 13th June 2016

Source: www.6pumpcourt.co.uk

Human rights must be protected against the abuse of power – The Guardian

Posted May 16th, 2016 in bills, constitutional law, devolution, human rights, news by sally

‘The Tories’ British bill of rights could deprive victims of the right to seek redress. It must be fought.’

The Guardian, 16th May 2016

Source: www.guardian.co.uk

British bill of rights could ‘unravel’ constitution, say MPs – The Guardian

Posted May 9th, 2016 in armed forces, consent, constitutional law, devolution, EC law, enforcement, human rights, inquiries, international law, news, Northern Ireland, referendums, Scotland, select committees by sally

‘The government’s proposed bill of rights will hamper the fight against crime, undermine the UK’s international moral authority and could start “unravelling” the constitution, a cross-party parliamentary committee is warning.’

The Guardian, 9th May 2016

Source: www.guardian.co.uk

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