Jeff King: What Next? Legislative Authority for Triggering Article 50

UK Constitutional Law Association

Jeff KingThe 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.

The Form of Legislation

Bringing forward the Great Repeal Bill and trying to pass it before 31 March 2017 would be an awful idea, because it would embroil the…

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

UK Constitutional Law Association

Sionaidh Douglas-ScottOn 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.

It seems to be the intention to introduce this Bill into Parliament in 2017, but it will not come into force until after a Withdrawal Agreement is concluded and the UK has actually left the EU. It is not so unusual for Parliament to adopt legislation but specify an implementation date some time in the future. Some (John Redwood, for example) advocated changing UK…

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Sunday 05/06/2016

Well it’s my b’day today – no sleep again but plenty alcohol lol Now I’m trying to decide to I go to sleep or stay awake!!! Meeting friends for lunch so timing may be a little fine – don’t wanna disappoint ppl 😕 But genuinely feeling knackered

Thursday, 04/12/2014

Noticed that I’ve been very lax writing my blog, sorry I will try to do better in 2015 😀 My last post was about my Xmas stash but I omitted the photo. So here it is:

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I have to admit that I’ve opened the Bailey’s, but only for a couple of Bailey’s coffees which are gorgeous, lol Some people have questioned if some of them contain water instead of alcohol!!! I was shocked by their lack of faith. The drinks are unopened 😃 👍