Now is not the time for a ‘least worst’ Brexit – it’s time for a referendum on Brexit itself

There are 340 days to go until the UK leaves the EU. The time remaining for the UK and EU to negotiate a withdrawal agreement is even less than that. Domestic legislation still needs to be passed to retain EU law in national law. Time will also be needed to give domestic legal effect to [...]

A Customs Union Without a Single Market : Is Corbyn’s Position Credible?

In speeches this week, the Leader of the Opposition and the Prime Minister are setting out their visions for the UK’s future relationship with the EU. Things got underway today with Labour’s Jeremy Corbyn announcing that Labour would press for the UK to remain in the Single Market and a Customs Union with the EU [...]

Does the Validity of the Article 50 Letter Depend Upon the Existence of a Formal ‘Decision’?

Back in June 2017, I wrote something for the UK Constitutional Law Association Blog addressing the argument that the Article 50(2) TEU notification was invalid due to the lack of a ‘decision’ to withdraw in terms of Article 50(1). For the reasons I gave then, I found the argument misguided. But it is an argument [...]

Litigating Brexit – Law and its Limits

A year ago, we were all digesting the Miller judgment of the UK Supreme Court. The Court ruled that an Act of Parliament was needed to authorise the triggering of Article 50. Today, the Irish Supreme Court has been considering what questions to refer to the European Court of Justice following its earlier O’Connor ruling [...]

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