Constitution

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Following the High Court’s ruling on whether the UK Parliament should be involved in the activation of the Article 50 process to leave the EU, Tobias Lock analyses the judgement. He observes that the UK government will find it difficult to construct an effective case on appeal, and that, should legislation indeed be required, essential questions of politics and process will follow. This blog originally appeared on European Futures.

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Following the victory for Leave in the EU referendum, Prof Stephen Tierney sets out the next steps in the constitutional process. 
 
Initially nothing: the referendum by itself does not change anything in legal terms. The UK remains a member of the European Union until it concludes negotiations on withdrawal, a process that will take at least two years. 
 
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The likely impact of Brexit on the relationship between Scotland and rUK has made all the headlines but, says Kirsty Hughes, that is just the most obvious of the constitutional difficulties posed by a vote to leave. 
 
The EU referendum could be held as early as June – if the vote is for Brexit, a UK-wide political crisis is likely. 
 
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Latest blogs

  • 18th May 2018

    Different political actors have responded to the decision by the Scottish Parliament to withhold its consent for the UK Government’s showpiece EU (Withdrawal) Bill in very different ways. Prof Nicola McEwen sifts the facts from the hyperbole and explains where we are and where we go from here.

  • 15th May 2018

    On 8 May the UK’s House of Lords passed an amendment to require the House of Commons to vote on remaining in the European Economic Area (EEA), the possibility of Britain adopting the so-called ‘Norway model’ is back on the agenda of British politics. Here the authors of Squaring the Circle on Brexit: Could the Norway Model Work?, John Erik Fossum and Hans Petter Graver, give some background to Norway’s relationship with the European Union and reveal the truth behind some common myths about the Norway model.

  • 4th May 2018

    The Sewel Convention has historically worked well, says Michael Keating, but Brexit will put it to the test.

  • 3rd May 2018

    Amendments to controversial Clause 11 of the European Union (Withdrawal) Bill were agreed in the House of Lords yesterday evening, following a deal between the UK and Welsh governments last week. Jack Sheldon and Mike Kenny explain the significance of this agreement for the UK as a whole and outline a number of unresolved issues it raises.

  • 2nd May 2018

    The hesitant progress of Brexit legislation through Westminster has provided parliament with an opportunity to show its teeth and, says Tobias Lock, it demonstrates that the legislature has bite as well as bark.

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