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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  • 13th July 2018

    The White Paper published this week talks about the UK Government making ‘sovereign decisions’ to adopt European rules but, as we know from the experience of Norway and Switzerland, this can be an illusory sovereignty when the costs of deviating from the rules is exclusion from the single market or European programmes. CCC Director Professor Michael Keating looks at whether the UK is ready for this kind of deal.

  • 12th July 2018

    Last week the government released its fisheries white paper. While most of the fisheries and Brexit debate centres on quotas and access to waters, there is also an important devolution dimension. Brexit already has profound consequences for the UK’s devolution settlement and fisheries policy is one example of this. So, in addition to communicating its overall vision for post-Brexit fisheries policy, the white paper was also an opportunity for the government to set out how it would see that policy working in the devolved UK.

  • 4th July 2018

    At the same time as Parliament prepares to ‘take back control’ from Brussels, the executive is in fact accruing to itself further control over the legislative process. CCC Fellow Professor Stephen Tierney addresses a number of trends – only some of which are a direct consequence of the unique circumstances of Brexit – which suggest a deeper realignment of institutional power within the constitution and a consequent diminution of Parliament’s legislative power.

  • 27th June 2018

    Faced with a choice between splitting her Cabinet into winners and losers, Theresa May has sought to keep the Brexit crap game going. She does this by avoiding betting on either a hard or soft Brexit. Professor Richard Rose of Strathclyde looks at the high stakes outcomes facing the Prime Minister. .

  • 25th June 2018

    CCC Director Professor Michael Keating considers the career of iconic Irish nationalist leader Charles Stewart Parnell whose mastery of Parliamentary tactics and ability to build a broad national alliance for radical change may have important lessons for the modern SNP.

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