What is Article 127 – and why could it be central to Brexit? – Daily Telegraph
‘Theresa May has claimed that the Government’s plans for Brexit are “on track”.’
Daily Telegraph, 28th November 2016
Source: www.telegraph.co.uk
Category: parliament
Further reforms are needed to strengthen the powers of English MPs, says study – Daily Telegraph
‘Further reforms are needed to strengthen the powers of English MPs in Westminster, a new study has found.’
Daily Telegraph, 28th November 2016
Source: www.telegraph.co.uk
Jo Cox: Man jailed for ‘terrorist’ murder of MP – BBC News
‘Thomas Mair has been jailed for life after being found guilty of the murder of Labour MP Jo Cox.’
BBC News, 23rd November 2016
Source: www.bbc.co.uk
Jeff King and Nick Barber: In Defence of Miller – UK Constitutional Law Association
‘Miller v Secretary of State for Exiting the European Union has stimulated quite a bit of debate. Some criticism of the decision has been well-informed and thoughtful, whilst some of it has been, to put it charitably, less worthy of engagement. In this post we respond to what we view as the strongest arguments against Miller, taking account of the Government’s written case for appeal. We discussed the reasoning used in the case in an earlier post written with Tom Hickman, and will not repeat that explanation here. This post assumes knowledge of that earlier piece, which was written with the lay reader in mind. The present piece, more legally detailed, is necessitated by the quite subtle replies to the argument in that original post and to the judgment in Miller.’
UK Constitutional Law Association, 22nd November 2016
Source: www.ukconstitutionallaw.org
Luke McDonagh: What Future for the Rule of Law and Human Rights in the New Populist Environment? – UK Constitutional Law Association
‘As has been stated by several commentators, in the aftermath of Miller v Secretary of State for Exiting the EU the attacks made on the judges in the media severely threaten the independence of the judiciary, and come close to outright intimidation. Chief among these critics is, of course, Nigel Farage, leading light of the UK Independence Party. The particular focus of his populist critique of the judiciary is worth taking seriously, as it indicates the challenges the rule of law may be facing in the years to come, as we adjust to the new post-Brexit, post-Trump, populist environment.’
UK Constitutional Law Association, 18th November 2016
Source: www.ukconstitutionallaw.org
Theresa May refuses to say she will defend judges from press attacks ahead of Brexit judgment
‘Theresa May has refused to say she will defend judges from attacks in the press ahead of a vital judgment on the legal details of of Brexit.’
The Independent, 16th November 2016
Source: www.independent.co.uk
Plans to curb House of Lords powers ‘dropped’ – BBC News
‘Plans to curb the power of the House of Lords have been dropped by the government, sources have told the BBC.’
BBC News, 17th November 2016
Source: www.bbc.co.uk
The Brexit Article 50 Ruling In Plain English – RightsInfo
‘The High Court has ruled that the UK Government cannot legally begin the process of leaving the EU without first consulting Parliament. What does the decision mean for our rights and what happens next?’
RightsInfo, 11th November 2016
Source: www.rightsinfo.org
Supreme court judge hints at legal hitch that could seriously delay Brexit process – The Guardian
‘A supreme court judge has raised the prospect that Theresa May would have to comprehensively replace existing EU legislation before the government could even begin Brexit, in a move that could seriously delay the process.’
The Guardian, 16th November 2016
Source: www.guardian.co.uk
Parliament notified of Europol opt-in intention – Home Office
‘Explanatory memorandum on intention to exercise right to opt into revised Europol framework published.’
Home Office, 14th November 2016
Source: www.gov.uk/home-office
Police animals do not need to be given same legal status as officers injured on duty, Government suggests – Daily Telegraph
‘Police animals do not necessarily need to be given the same legal status as officers who are injured on duty, the Government has suggested ahead of a parliamentary debate on the issue on Monday.’
Daily Telegraph, 13th November 2016
Source; www.telegraph.co.uk
Keith Ewing: A Review of the Miller Decision – UK Constitutional Law Association
‘Shortly after the referendum on 23 June, demands were made that continuing EU membership should now be considered by Parliament, with a view it seems to stop BREXIT happening, and to frustrate the will of the 17 million who voted to leave. Indeed, the Guardian carried an article only five days later on ‘How we can stop Brexit – lobby our MPs’ (29 June 2016), no doubt as inflammatory and unacceptable to the BREXITEERS as subsequent developments have been to the REMAINERS. Fearing that Parliament was being enlisted with an agenda to defeat the referendum result, it is not surprising that the BREXITEERS should wish to exclude Parliament from the process altogether.’
UK Constitutional Law Association, 10th November 2016
Source: www.ukconstitutionallaw.org
Richard Lang: The Article 50 Litigation and the Court of Justice: Why the Supreme Court Must Refer – UK Constitutional Law Association
‘I’m glad if it was the Lord Chief Justice’s concern about the reversibility or otherwise of the Article 50 procedure which catalyzed the current debate on whether the Article 50 litigation needs a reference to the Court of Justice, as has been rumoured, but on the face of last week’s judgment it seems that the parties at least were in agreement on the point after all: it is not (they say) reversible: R (Miller) v Secretary of State for Exiting the EU, para 10 (hereinafter “Miller”). However, I believe that there is a far simpler, and so far as I can see compulsory, route from the Supreme Court to Luxembourg in this matter, assuming that the Crown does indeed appeal today’s ruling to that court, and that is that (a) the case turns on the interpretation of the phrase “in accordance with its own constitutional requirements” from Article 50(1) of the Treaty on European Union (“Any Member State may decide to withdraw from the Union in accordance with its own constitutional requirements”), and (b) interpretation of the Treaty, or indeed any EU Law, is the exclusive competence of the Court of Justice of the EU (“CJEU”).’
UK Constitutional Law Association, 8th November 2016
Source: www.ukconstitutionallaw.org
Lords justice spokesman condemns ‘ill-informed’ attacks on judiciary – The Guardian
‘The Lords’ spokesperson for the ministry of justice has condemned “ill-informed” media attacks on judges, as political pressure mounts for Liz Truss to speak out more clearly in defence of judicial independence.’
The Guardian, 8th November 2016
Source: www.guardian.co.uk
David Feldman: Brexit, the Royal Prerogative, and Parliamentary Sovereignty – UK Constitutional Law Association
‘In R. (Miller) v. Secretary of State for Exiting the European Union [2016] EWHC 2768 (Admin) judges had to decide, as a matter of law, on the constitutionally correct procedure for deciding whether and when to notify the President of the European Council that the UK intends to leave the EU, pursuant to Article 50 of the Treaty on European Union. This legal question is fraught with difficulty. The situation is unprecedented, so judges have to answer the question from constitutional first principles. Inevitably in such cases there is room for disagreement as to what the first principles are, and (more intractably) what weight each has as against the others in the particular circumstances of the case.’
UK Constitutional Law Association, 8th November 2016
Source: www.ukconstitutionallaw.org
Jeff King: What Next? Legislative Authority for Triggering Article 50 – UK Constitutional Law Association
‘The High Court judgment in Miller v Secretary of State for Exiting the European Union last Thursday made it clear that an Act of Parliament is required for a notice under article 50(2) of the Treaty of the European Union. My view is that an appeal is unlikely to be successful, but on any view we must be prepared for that outcome. The Government and Opposition should consider the form of such an Act without delay. So far, there has been little discussion about what form such legislation might take. This post seeks to begin that discussion, suggesting form, content and conditions that neither challenge the result of the 23 June 2016 referendum nor the Government’s stated timelines for giving notice.’
UK Constitutional Law Association, 8th November 2016
Source: www.ukconstitutionallaw.org
Brexit: Former top judge warns over Article 50 appeal – BBC News
‘The justice system could be undermined if a ruling that only Parliament can trigger Brexit is overturned, a former lord chief justice has said.’
BBC News, 7th November 2016
Source: www.bbc.co.uk
Liz Truss defends judiciary after Brexit ruling criticism – The Guardian
‘The lord chancellor, Liz Truss, has broken her silence on the high court’s Brexit ruling, saying the independence of the judiciary was the “foundation upon which our rule of law is built”.’
The Guardian, 5th November 2016
Source: www.guardian.co.uk
Nick Barber and Jeff King: Responding to Miller – UK Constitutional Law Association
‘The most surprising thing about the decision in R (Miller) v Secretary of State for Exiting the European Union is that so many people have found the decision surprising. The reasoning in the case – essentially, that the executive is unable to use the prerogative to remove statutory rights – rests on a clear line of case-law going back four hundred years, and turns on a foundational principle of constitutional law. It is unremarkable that three of the country’s leading judges – the Master of the Rolls, the Lord Chief Justice, and the leading public law judge in the Court of Appeal – were able to produce a unanimous, clear, judgment restating this orthodoxy. The only remarkable thing about the judgment is how such quality was produced under such extraordinary time and political pressure.’
UK Constitutional Law Association, 7th November 2016
Source: www.ukconstitutionallaw.org
The vicious assault on UK judges by the Brexit press is a threat to democracy – The Guardian
‘The judiciary is a vital pillar of our constitution. The government must defend it from these unconscionable attacks – or put all our freedoms at risk.’
The Guardian, 4th November 2016
Source: www.guardian.co.uk
