Jeff King: What Next? Legislative Authority for Triggering Article 50 – UK Constitutional Law Association

Posted November 8th, 2016 in appeals, constitutional law, EC law, legislation, news, parliament, treaties by sally

‘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.’

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UK Constitutional Law Association, 8th November 2016

Source: www.ukconstitutionallaw.org

Brexit: Former top judge warns over Article 50 appeal – BBC News

Posted November 8th, 2016 in appeals, brexit, EC law, judges, media, news, parliament, treaties by sally

‘The justice system could be undermined if a ruling that only Parliament can trigger Brexit is overturned, a former lord chief justice has said.’

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BBC News, 7th November 2016

Source: www.bbc.co.uk

Crown prosecutors consider complaint against Brexit EU referendum campaigns – The Independent

‘Crown prosecutors are considering a complaint that the Leave campaign misled voters during the EU referendum campaign.’

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The Independent, 7th November 2016

Source: www.independent.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

The vicious assault on UK judges by the Brexit press is a threat to democracy – The Guardian

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

‘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.’

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The Guardian, 4th November 2016

Source: www.guardian.co.uk

Brexit high court decision means nothing has been ruled out – The Guardian

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

‘Parliament has been jolted back to life by three judges, and the British political landscape is once again one of fury, division and uncertainty.’

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The Guardian, 6th November 2016

Source: www.guardian.co.uk

Seizing our sovereignty or declaring war on democracy: split view on judges’ ruling – The Guardian

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

‘Six leading figures during the EU referendum speak out.’

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The Guardian, 6th November 2016

Source: www.guardian.co.uk

Truss and May forced to defend article 50 judges after public backlash – The Guardian

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

‘Theresa May and her justice secretary, Liz Truss, have been forced to defend the three high court judges who made the controversial high court judgment about Brexit in the face of days of public backlash.’

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The Guardian, 6th November 2016

Source: www.guardian.co.uk

Government loses Article 50 court fight – BBC News

Posted November 3rd, 2016 in appeals, constitutional reform, EC law, news, parliament, referendums, treaties by sally

‘Parliament must vote on whether the UK can start the process of leaving the European Union, the High Court has ruled.’

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BBC News, 3rd November 2016

Source: www.bbc.co.uk

High Court to rule on Brexit legal battle and Theresa May’s decision to use the royal prerogative – Daily Telegraph

Posted November 3rd, 2016 in brexit, EC law, elections, news, parliament, referendums, treaties by sally

‘This morning the High Court will rule on a court action against Theresa May to prevent her using executive powers under the royal prerogative to start the process of leaving the European Union.’

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Daily Telegraph, 3rd November 2016

Source: www.telegraph.co.uk

Maastricht 25 years on – What happened to the European dream? – The Independent

Posted November 1st, 2016 in constitutional history, EC law, news, treaties by sally

‘After years of austerity, the utopian vision of a united Europe appears to be in tatters. On the 25th anniversary of the Maastricht treaty, Youssef El-Gingihy delves into the impact of an agreement that designed the architecture of the EU.’

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The Independent, 1st November 2016

Source: www.independent.co.uk

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

Child Abduction: the Article 13(b) defence and protective measures – Family Law Week

Posted October 20th, 2016 in child abduction, defences, domestic violence, news, treaties by sally

‘Lauren Bovington, paralegal, International Family Law Group LLP, analyses a recent important Court of Appeal judgment concerning the Article 13(b) defence in 1980 Hague Convention proceedings.’

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Family Law Week, 20th October 2016

Source: www.familylawweek.co.uk

Parliament ‘very likely’ to be asked to agree Brexit deal – The Guardian

Posted October 19th, 2016 in brexit, EC law, news, parliament, treaties by sally

‘Parliament is “very likely” to be asked to ratify any future treaty agreement with the European Union, the high court has been told by lawyers for the government.’

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The Guardian, 18th October 2016

Source: www.guardian.co.uk

Brexit case ‘of fundamental constitutional importance’ – BBC News

‘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

Court battle looms over Brexit legality – The Guardian

‘Scores of QCs and lawyers will cram into court four on Thursday, the largest in London’s Royal Courts of Justice, to hear two and a half days of argument that could decide how – or conceivably even whether – the UK leaves the EU.’

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The Guardian, 13th October 2016

Source: www.guardian.co.uk

Sionaidh Douglas-Scott: The ‘Great Repeal Bill’: Constitutional Chaos and Constitutional Crisis? – UK Constitutional Law Association

‘On October 2, Theresa May set out plans for a ‘Great Repeal Bill’ to be included in the next Queen’s Speech. There is very little detail currently available, but it appears this Bill is intended to remove the European Communities Act (ECA) 1972 from the statute book following completion of the Brexit negotiations. It would also incorporate current applicable EU law into an Act of Parliament and then allow the government to decide if/when to repeal, amend or retain individual measures in the future, following Brexit.’

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UK Constitutional Law Association, 10th October 2016

Source: www.ukconstitutionallaw.org

Theresa May trying to protect soldiers who murder prisoners and torture civilians, says top human rights lawyer – The Independent

Posted October 6th, 2016 in armed forces, human rights, murder, news, torture, treaties by sally

‘Geoffrey Robertson QC, a former UN judge, hits back after Prime Minister vows to defend Armed Forces personnel from “activist left-wing human rights lawyers.” ‘

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The Independent, 5th October 2016

Source: www.independent.co.uk