Category: prerogative powers

Rachel Jones: The Importance of Silences in the “Brexit” Appeals – UK Constitutional Law Association

Posted December 12th, 2016 in appeals, brexit, constitutional law, EC law, news, prerogative powers, statutory interpretation, Supreme Court by sally

‘Statutory silences are crucial to both sides. For Ms Miller, Lord Pannick contends that Parliament’s silence in the EU Referendum Act 2015 means that the Executive is not empowered to start the Article 50 process. Mr Eadie for the Government relies on the same silence for the diametrically opposed position.’

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UL Constitutional Law Association, 7th December 2016

Source: www.ukconstitutionallaw.org

Lawyer urges supreme court to throw out Brexit case after article 50 vote – The Guardian

Posted December 9th, 2016 in constitutional law, news, parliament, prerogative powers, Supreme Court, trials by sally

‘The supreme court has been urged to throw out a momentous legal challenge to the government’s powers to trigger Brexit, with Downing Street lawyers claiming parliament’s support for exiting the EU was conclusively demonstrated this week.’

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The Guardian, 8th December 2016

Source: www.guardian.co.uk

Everything you need to know about the Supreme Court judgment on Brexit – The Independent

Posted December 5th, 2016 in brexit, EC law, news, parliament, prerogative powers, referendums, Supreme Court, treaties by sally

‘The Government’s challenge against the High Court ruling that parliamentary approval is required to start the process of leaving the European Union will be hard tomorrow.’

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The Independent, 4th December 2016

Source: www.independent.co.uk

The judges protect us. It’s time to stand up for them – The Guardian

Posted December 5th, 2016 in brexit, constitutional law, EC law, judiciary, news, parliament, prerogative powers, referendums, Supreme Court, treaties by sally

‘Brexiteers and their media allies have declared war on our judiciary. On behalf of the people, the supreme court must push back.’

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The Guardian, 5th December 2016

Source: www.guardian.co.uk

Senior judges prepare to hear Brexit supreme court appeal – The Guardian

Posted December 5th, 2016 in brexit, EC law, news, parliament, prerogative powers, referendums, Supreme Court, treaties by sally

‘All 11 of the UK’s most senior judges will take their seats on the supreme court bench on Monday to decide whether parliament or the government has the authority to trigger Brexit.’

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The Guardian, 5th December 2016

Source: www.guardian.co.uk

Art 50: the clash of the Brexit case arguments – New Law Journal

Posted December 2nd, 2016 in brexit, constitutional law, EC law, news, parliament, prerogative powers, referendums, treaties by sally

‘Michael Zander QC reviews the written cases of the government & the lead claimants in next week’s Supreme Court hearing.’

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New Law Journal, 1st December 2016

Source: www.newlawjournal.co.uk

Thomas Poole: Losing our Religion? Public Law and Brexit – UK Constitutional Law Association

Posted December 2nd, 2016 in constitutional history, constitutional law, news, parliament, prerogative powers, referendums, treaties by sally

‘Prerogative is the enemy of the people. This has been settled as matter of law for a very long time. The constitutional settlement of 1688 made a decision for responsible and representative government. We have had no constitutional moment of similar magnitude since. All constitutional changes – some very significant – have taken place within that foundational structure. The Bill of Rights treats prerogative as the antithesis of good government. Its primary target is a range of extra-legal powers hitherto asserted by the King, pride of place being given to the power to dispense with laws and the power to suspend Acts of Parliament.’

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UK Constitutional Law Association, 2nd December 2016

Source: www.ukconstitutionallaw.org

Why our 21st century democracy needs the spirit of 1647 – The Guardian

Posted December 2nd, 2016 in EC law, news, parliament, prerogative powers, referendums, treaties by sally

‘The article 50 supreme court hearings won’t solve our systemic crisis. We need a new way to connect people and state.’

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The Guardian, 2nd December 2016

Source: www.guardian.co.uk

Liz Truss defends judiciary after Brexit ruling criticism – The Guardian

Posted November 7th, 2016 in brexit, EC law, judiciary, news, parliament, prerogative powers, referendums, treaties by sally

‘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”.’

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The Guardian, 5th November 2016

Source: www.guardian.co.uk

Nick Barber and Jeff King: Responding to Miller – UK Constitutional Law Association

Posted November 7th, 2016 in EC law, judiciary, news, parliament, prerogative powers, referendums, treaties by sally

‘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.’

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UK Constitutional Law Association, 7th November 2016

Source: www.ukconstitutionallaw.org

Finger on the trigger – New Law Journal

Posted October 31st, 2016 in EC law, news, parliament, prerogative powers, referendums, treaties by sally

‘Does triggering Art 50 require a prior Act of Parliament, asks Michael Zander QC.’

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New Law Journal, 12th October 2016

Source: www.newlawjournal.co.uk

Robert Craig: Report of Proceedings: Miller v Secretary of State for Exiting the European Union – UK Constitutional Law Association

Posted October 21st, 2016 in constitutional law, EC law, news, parliament, prerogative powers, referendums, treaties by sally

‘Thursday 13 October 2016 marked the beginning of the hearing over the constitutional question of whether Article 50 may be triggered by the Government without further statutory authorisation. This post provides a report of the day’s proceedings. The two further days are scheduled for Monday and Tuesday next week.’

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UK Constitutional Law Association, 14th October 2016

Source: www.ukconstitutionallaw.org

Brexit case ‘of fundamental constitutional importance’ – BBC News

Posted October 14th, 2016 in brexit, constitutional law, EC law, news, parliament, prerogative powers, referendums, treaties by sally

‘The need for Parliament to give its approval before the Brexit process starts is of huge “constitutional importance”, the High Court has heard.’

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BBC News, 13th October 2016

Source: www.bbc.co.uk

Arguments in the referendum challenge now available – UK Human Rights Blog

Posted October 3rd, 2016 in brexit, devolution, EC law, news, prerogative powers, referendums, treaties by sally

‘The imminent litigation concerning the government’s response to the Brexit vote is much anticipated. The skeleton arguments have now been filed. The High Court has just resisted an application for partial redaction of the arguments, so they are open for public perusal.’

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UK Human Rights Blog, 29th September 2016

Source: www.ukhumanrightsblog.com

Anti-Brexit group lodges legal challenge over article 50 procedure – The Guardian

Posted September 26th, 2016 in brexit, EC law, news, parliament, prerogative powers, referendums by sally

‘The government is shutting down public debate by refusing to allow legal opponents to reveal the official justification for using royal prerogative powers, rather than seeking parliament’s approval, to trigger Brexit, according to documents lodged in the high court.’

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The Guardian, 23rd September 2016

Source: www.guardian.co.uk

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.’

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UK Constitutional Law Association, 8th July 2016

Source: www.ukconstitutionallaw.org

Alexander Horne and Richard Kelly: Prerogative Powers and the Fixed-term Parliaments Act – UK Constitutional Law Association

Posted November 21st, 2014 in constitutional law, constitutional reform, news, parliament, prerogative powers, royal prerogative by tracey

‘The Fixed-term Parliaments Act 2011 is a contentious and oft criticised piece of legislation, although it does have its supporters. The government and the Political and Constitutional Reform Committee have argued it has created a stable environment for longer-term government planning.’

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UK Constitutional Law Association, 19th November 2014

Source: www.ukconstitutionallaw.org/blog

Al Quaida list and the use of prerogative powers – UK Human Rights Blog

Posted November 4th, 2013 in asylum, judicial review, news, prerogative powers, proscribed organisations, terrorism by sally

“There was nothing unlawful in the Foreign Secretary’s decision to allow a UK resident to be added to the UN’s Consolidated List of members of Al-Quaida and its associates.”

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UK Human Rights Blog, 1st November 2013

Source: www.ukhumanrightsblog.com

R (Bancoult) v Secretary of State for Foreign and Commonwealth Affairs (No 2) – WLR Daily

Posted October 24th, 2008 in Chagos Islands, law reports, prerogative powers by sally

R (Bancoult) v Secretary of State for Foreign and Commonwealth Affairs (No 2) [2008] UKHL 61; [2008] WLR (D) 322

“Prerogative orders in council which prevented the unrestricted return of Chagos Islanders to their homeland were not unlawful.”

WLR Daily, 23rd October 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Regina (Bancoult) v Secretary of State for Foreign and Commonwealth Affairs (No 2) – Times Law Reports

Posted October 23rd, 2008 in Chagos Islands, law reports, prerogative powers by sally

Regina (Bancoult) v Secretary of State for Foreign and Commonwealth Affairs (No 2)

House of Lords

“Prerogative orders made by the Queen in Council which prevented the unrestricted return of Chagos Islanders to their homeland were not unlawful.”

The Times, 23rd October 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.