The legal way to exit the EU by 31st October is through a transition in the EEA

8 Oct

It is just possible as of today that by 17th/18th October at the European Council meeting, using perhaps even its well-tried mechanism of stopping the clock, an agreement on a EU-UK Withdrawal Agreement under Article 50 can be achieved and the UK leaves the EU on 31st October with Conservative, DUP, some Labour and Independent […]

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The Prorogation ruling has strengthened the political accountability of those in power

26 Sep

In this blog, Robert Brett Taylor (University of Aberdeen) examines the UK Supreme Court’s ruling on the Prorogation case. He explains what it means for ministerial responsibility, constitutional conventions, and Parliament’s ability to politically check government. Political accountability has been strengthened, rather than weakened, by the Court’s decision, he argues. On 24 September 2019, the UK Supreme Court handed down its judgment in […]

The Supreme Court judges are oiling the democratic machine, not telling it what to produce

25 Sep

The Miller2/Cherry case is not about judges seizing the policy agenda, whatever the critics of the outcome might say, writes Conor Gearty (LSE). In this decision the judges are oiling the democratic machine, not telling it what to produce. This Supreme Court decision is a telling illustration of why all populist authoritarians need to dismantle the independent judiciary. In March 1954, that […]

How sad that British courts are becoming as politically predictable as the European Court of Justice

24 Sep

The Supreme Court has ruled that the prorogation of Parliament was illegal. That is now the law so the Government must, and will, obey it – like we obey Acts of Parliament. But just as we can criticise an Act of Parliament, we are entitled to criticise this judge-made law. The issue of prorogation itself […]

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The Supreme Court ruling: why the effects test could help save democracy (somewhat)

24 Sep

It is hard to overestimate the political as well as the legal implications of today’s ground-breaking Supreme Court ruling, writes Tarun Khaitan (University of Sydney). It applied an effects-based test to the case rather than trying to establish the purpose of Boris Johnson’s move to prorogue Parliament. In doing so it created a brand new and sophisticated ammunition in the rapidly […]

Boris Johnson is enduring Brexit chaos – but could that chaos be working in his favour?

20 Sep

Boris Johnson has easily had the most turbulent first few weeks as Prime Minister in recent history, quickly losing his majority, being compelled by Parliament to potentially surrender to the European Union, and even (dubiously) found to “acted unlawfully” by a Scottish court. Since taking the helm in June, he has faced obstacle after obstacle […]

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From ‘purpose’ to ‘effect’: a principled way to decide whether prorogation is legal

20 Sep

Anne Twomey argued on LSE Brexit that the Supreme Court should focus on the fact that Boris Johnson has lost the confidence of the Commons. Given that he has not yet lost a vote of no confidence, Tarunabh Khaitan (University of Oxford) says this is a problematic approach. Instead, the Court should ask whether prorogation is likely to have the […]

Too many of our Remainer politicians are living in a horror-filled fantasy land of fear and economic ignorance

19 Sep

The great majority of the British people are getting on with their lives wondering why the politicians haven’t yet left the EU. Our political class has moved into fantasy world. Terror, fear and unimaginable horror stalk the land in fairytales invented as the last desperate attempt to keep Britain in the EU. It’s a realm […]

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Major’s Supreme Hypocrisy

19 Sep

Former prime minister turned anti-prorogation crusader John Major is about to giving evidence to the Supreme Court today. Major has already been widely mocked for his hypocrisy given his 1997 pre-general election prorogation which shut down the cash for access report being published, it’s largely forgotten that he’d already used the same ruse the previous […]

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