Category: Constitutional

Brexit: Full Steam Ahead

The ‘Brexit Bill’ has now become the ‘Brexit Act’…  Or to give it its full name the European Union (Notification of Withdrawal) Act 2017.  The bill received royal assent last week after making it unamended through both Houses of Parliament and its many committee and reading stages. Theresa May intends to keep to her self-imposed...

Article 50 – UK Supreme Court Judgment and Parliamentary Vote

Last week the UK’s Supreme Court upheld the High Court’s November ruling (reported on in a previous post), rejecting by an 8:3 majority the government’s contention that it should be entitled to trigger Article 50 without the backing of Parliament. The government did however secure a political victory by virtue of the Supreme Court ruling,...

Article 50 Update

The High Court ruled on 3 November that the UK government’s plan to trigger Article 50 unilaterally, without first securing a mandate to do so from Parliament, is constitutionally unlawful. The importance of the case has led to a ‘leap-frog’ appeal straight to the Supreme Court – all 11 justices will sit en banc to...

Would the ‘Norwegian model’ be right for the UK?

Theresa May spent much of last week touring European capitals for talks with her counterparts. Aside from the fact that the UK government does not intend to invoke Article 50 until early 2017 at the earliest, what is becoming increasingly clear is that there is still no clear answer to the “Brexit means Brexit” conundrum....

Focus on Article 50

In this note we focus on Article 50, the mechanism outlining the process through which the United Kingdom (UK) is likely to withdraw from the European Union (EU). What is Article 50? Article 50 of the Treaty on European Union sets out the mechanism by which a member state may leave the EU. Prior to...