Is a Pledge of a Brexit Referendum within Six Months Credible?

The election on 12 December will require the political parties to set out their positions on Brexit. Already, Labour is pledging in its ‘Plan for Brexit’ that it will negotiate ‘a sensible deal within three months of being elected’. More dramatically, it also claims it will hold a further Brexit referendum within six months of […]

Extension Time, Election Time – But is it Brexit Time?

For the third time, and in agreement with the UK, the EU has granted the UK an extension to its EU membership. But this extension feels different for two reasons. First, the extension offered by the EU was a response to a letter sent – but not signed – by the UK Prime Minister Boris […]

The Supreme Court as a Constitutional Court: Reflections on Cherry/Miller

In a unanimous single judgment, the eleven justices of the UK Supreme Court have ruled that the purported prorogation of Parliament for five weeks from 9 September to 14 October was unlawful because the advice of the Prime Minister to Her Majesty the Queen was unlawful. The Supreme Court has declared that Parliament does not […]

Could a ‘No Deal’ Brexit Breach EU Law?

How much does EU law really have to say about the withdrawal of a Member State from the EU? This seems like an odd question given how much we know about the role played by Article 50 TEU. For example, we know that Article 50 gives the withdrawing state and the EU a two year […]