The current dramatic interaction between the Government, Parliament and the courts means that we are witnessing one of those formative moments in the evolution of our constitution of which there have been many over the course of centuries. The attention that is paid to the checks and balances of the US written constitution has tended … Read morePhilip Allott: On the Merits of Constitutional Struggle
Martin Brenncke (Aston Law School) explains the difference between the two high court rulings regarding the prorogation of Parliament. The Prime Minister‘s decision to advise the Queen to prorogue Parliament is a political decision. It is not subject to judicial review by the courts. Whether or not the timing and duration of prorogation constitutes an … Read moreProrogation of Parliament: the two court rulings explained
We are inured by now to the biased reporting of Brexit which those opposed to it perpetrate in the media. Even so, I listened with more than the usual incredulity and irritation to one BBC correspondent giving his opinion on the Operation Yellowhammer papers (a five-page out-of-date summary of the Government’s Reasonable Worst Case Planning … Read moreIt’s time for some perspective to replace the Operation Yellowhammer hysteria
Constitutional lawyers often point to key cases as milestones in public law. Recently, the Supreme Court decision in Privacy International joined the ranks of leading public law cases, adding to the cases discussing ouster clauses and the extent to which courts can review decisions of inferior courts and tribunals in Anisminic and Cart. As Privacy … Read moreAlison Young: Prorogation, Politics and the Principle of Legality
Tucked in between the “reasonable worst-case” scenarios for food, trade and fuel is a stark one liner: “Law enforcement and information sharing between U.K. and EU will be disrupted”. The reduction in capability of law enforcement agencies that will come from a no deal will, according to government documents, be accompanied by an increase in cross-border … Read moreCross-border criminal justice post-Brexit – Operation Yellowhammer
Very few British people know about restrictions on freedom of movement allowed under existing EU regulations. Yet when they learn about the EU’s “three-month rule”, two-thirds (64%) say it would provide “enough control” over EU immigration. And 67% say that they would support the introduction of ID cards if it meant the authorities could enforce … Read moreWhat policy do British voters want on EU immigration? Is there a hidden consensus?
The fateful decision about whether the UK should leave the EU with or without a withdrawal agreement has to be informed by evidence comparing the UK’s past experience of trading within the EU Customs Union and Single Market, with its trade under World Trade Organisation (WTO) rules. The data released by the ONS in March … Read moreNo Deal is the safest option, given the UK’s increasingly unsustainable trade relationship with the EU