Brian Christopher Jones: Nigel Farage and the UK Constitution
UK Constitutional Law Association - Brexit
by UKCLA
1M ago
The upheaval of the UK constitution from 2016 onwards has been associated with a host of individuals, from David Cameron to Boris Johnson to Dominic Cummings, who have received the significant bulk of academic attention in recent years. And yet, another individual has had a substantial impact upon the UK constitution during this time: Nigel Farage. But his impact has not been as direct as other constitutional actors, and has often been scorned, sidelined, or generally undocumented. I can find only passing mentions of Farage on this blog, in addition to other major blogs on the UK constitution ..read more
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Event: Post-Brexit Governance of the United Kingdom’s Territorial Constitution – Call for Papers
UK Constitutional Law Association - Brexit
by UKCLA
1y ago
We are pleased to issue a call for papers for a one-day workshop exploring the governance of the UK’s territorial constitution post-Brexit. The workshop will be hosted in Liverpool (and online) on 6 June 2023 with funding from the School of Law and Social Justice, University of Liverpool, and Wales Governance Centre, Cardiff University. A critical review of the UK’s internal governance arrangements has never been timelier.  Brexit has given new urgency to debates about what governance means and how it should be structured under a constitution that is now increasingly define ..read more
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Colin Murray: A New Period of “Indirect” Direct Rule – The Northern Ireland (Executive Formation etc) Bill
UK Constitutional Law Association - Brexit
by UKCLA
1y ago
Only a few short months on from the passing of the Northern Ireland (Ministers, Elections and Petitions of Concern) Act 2022 and legislation is once again before Westminster to amend the Northern Ireland Act 1998 – as everyone knew that it would be. One of the key innovations in the 2022 Act, belatedly giving effect to a proposal in the New Decade, New Approach Agreement of January 2020, was that during its 24-week post-election period Northern Ireland Executive ministers would continue to hold office and take decisions within their remit. This period prevented what Lord Bi ..read more
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Ronan Cormacain: Does the Vienna Convention provide a legal off-ramp for unilaterally changing the Northern Ireland Protocol?
UK Constitutional Law Association - Brexit
by UKCLA
1y ago
The Northern Ireland Protocol is part of the Withdrawal Agreement, designed to set out the legal parameters of the withdrawal of the UK from the EU.  The Government proposes to introduce legislation to unilaterally change the Protocol.  On the face of it, this would appear to place the Government on the highway to a breach of international law.  But are there any off-ramps which allow it to avoid this destination?  This blog post examines one possible off-ramp, that this course of action is consistent with the Vienna Convent ..read more
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Kenneth A. Armstrong: From the Shadow of Hierarchy to the Shadow of Competition – Common Frameworks and the Disciplining of Divergence
UK Constitutional Law Association - Brexit
by UKCLA
2y ago
This time last year, the controversial United Kingdom Internal Market Bill was ping-ponging between the Commons and Lords. A key point of contention concerned the relationship between the ‘market access’ principles now enshrined in the Act – the mutual recognition and non-discrimination principles – and future exercises of devolved rule-making. Should post-Brexit internal regulatory divergence be legally disciplined by a strong version of the mutual recognition principle or insulated from such forces? As I explained in a contribution to this blog a year ago, a partial answer can be found in S ..read more
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Joe Tomlinson: Government as Skunk Works
UK Constitutional Law Association - Brexit
by UKCLA
2y ago
The legislative programme of this Government has—unsurprisingly, given its widely stated reformist ambitions—attracted close attention from those interested in constitutional matters. Several bills have been introduced into this Parliament that have (rightly) been the subject of extensive commentary and interest in this respect, including the Judicial Review and Courts Bill, the Dissolution and Calling of Parliament Bill, and the European Union (Withdrawal Agreement) Act 2020. However, there is another legislative initiative which has attracted very little commentary from those interested in ..read more
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Vernon Bogdanor: Reply to McHarg and Young
UK Constitutional Law Association - Brexit
by UKCLA
2y ago
Aileen McHarg and Alison Young believe that the new British constitution, which I wrote about in my book of that name published in 2009 is less securely based than I suggested.              The pillars of that new constitution were, I argued, the Human Rights Act, the devolution settlement, the referendum, and the new arrangements for the government of London which provided for Britain’s first directly elected mayor.               All of these pillars remain in ..read more
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Aileen McHarg and Alison L. Young: The Resilience of the (Old) British Constitution
UK Constitutional Law Association - Brexit
by UKCLA
2y ago
In 2009, Vernon Bogdanor wrote about The New British Constitution. His thesis was that a decade of New Labour reforms had produced a shift in the nature of the constitution, from one based on parliamentary sovereignty, to one based on the ‘sovereignty of the constitution’. Since 2009, further constitutional reforms have been implemented by governments of various political stripes, apparently consolidating the legalisation of the constitution, and the dispersal of power from the institutions of central government to Parliament, the devolved institutions, and the courts. The New British Constit ..read more
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Stephanie Reynolds: Playing Politics So the UKSC Doesn’t Have To: The CJEU Ruling in Case C-709/20 CG v Department for Communities in Northern Ireland
UK Constitutional Law Association - Brexit
by UKCLA
2y ago
In its recent CG judgment, the EU’s Court of Justice held that it was lawful for Universal Credit Regulations to stipulate that EU citizens do not, by virtue of pre-settled status, have a ‘right to reside’ in the UK for the purposes of accessing Universal Credit. Since the right to reside test is an eligibility requirement for a wide range of welfare in the UK, the case sets significant constraints on the ways in which certain EU citizens who are lawfully registered under the UK’s EU Settlement Scheme (EUSS) can access social assistance. Beyond the substance, the CJEU’s reasoning has clear im ..read more
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Nicholas Kilford: The Supremacy of Retained EU Law: ‘We’re Lost, But We’re Making Good Time!’
UK Constitutional Law Association - Brexit
by UKCLA
2y ago
The UK’s departure from the EU was marked, at least in legal terms, by a curious combination of change and continuity. One key issue ripe for change was the principle of the supremacy of EU law. Vote Leave argued before the referendum that this principle ‘stops the British public from being able to vote out those who make our laws’. As such, s 5(1) of the European Union (Withdrawal) Act 2018 says that ‘[t]he principle of the supremacy of EU law does not apply to any enactment or rule of law passed or made on or after IP completion day.’ In pursuit of continuity, however, s 5(2) provides that ..read more
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