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Amidst the current, noisy, political debate about ‘bonanzas’ and ‘power grabs’ there is some measure of consensus between the UK and Scottish Governments as regards the need for (and value of) UK-wide ‘common frameworks’ post-Brexit, especially in relation to the functioning of markets within the UK.  However, as Shepherd and Wedderburn's Gordon Downie explains, what might be described as the opening negotiating positions of the UK and Scottish Governments reveal wide differences on the scope and content of these new common frameworks, and on the constitutional mechanics that should u
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The EU Withdrawal Bill passed its first parliamentary hurdle in the House of Commons on Monday night. On Tuesday, both the Scottish Government and the Welsh Government tabled legislative consent memorandums making clear their opposition to the Bill as it stands. Professor Nicola McEwen highlights the key issues at stake for devolution, and considers some next steps.

 

What’s the issue?

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Prime Minister Theresa May’s Brexit ‘red line’ on a role for the European Court of Justice has been a major source of complication in the early stages of the negotiations, writes Tobias Lock. Analysing the recent UK government negotiating paper on dispute resolution, he argues that its shift in emphasis from no ECJ jurisdiction to no ‘direct’ jurisdiction could prove significant and enable an eventual compromise with the EU to be found.

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It will be difficult for the Isle of Man to resolve its post-Brexit relationship with the EU, says Prof Michael Keating, until Britain's position is clearer. 
 
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Michael Keating considers the EU Withdrawal bill and explains that it has sizable implications for the future of devolution and the UK constitution more generally. 
 
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  • 17th January 2019

    Richard Parry assesses a memorable day in UK parliamentary history as the Commons splits 432-202 on 15 January 2019 against the Government's recommended Brexit route. It was the most dramatic night at Westminster since the Labour government’s defeat on a confidence motion in 1979.

  • 17th January 2019

    What is the Irish government’s Brexit wish-list? The suggestion that Irish unity, as opposed to safeguarding political and economic stability, is the foremost concern of the Irish government is to misunderstand and misrepresent the motivations of this key Brexit stakeholder, writes Mary C. Murphy (University College Cork).

  • 17th January 2019

    Brexit is in trouble but not because of the Irish backstop, argues the CCC's Michael Keating.

  • 16th January 2019

    Fellows of the Centre on Constitutional Change respond to the rejection of the Withdrawal Agreement by the House of Commons and the impending no-confidence vote in the government.

  • 11th January 2019

    Richard Parry assesses the unfolding drama at Westminster around no-deal scenarios. The deal ‘would be an uncomfortable outcome for the EU: providing quota-fee, tariff-free access to the EU market without any accompanying financial obligations; without any access to UK fishing waters in the absence of further agreement; and without any commitments to align with the majority of so-called level playing field arrangements’. For Tory leavers, what’s not to like in this negotiating triumph for Theresa May?

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