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 […]

Reincarnation and Resurrection – the Afterlife of the European Communities Act 1972 in the Withdrawal Bill

The UK Government has published its long-awaited European Union (Withdrawal Agreement) Bill (the “WAB”) that – if enacted – will give legal effect to the revised Withdrawal Agreement negotiated between the EU and the UK. The revised Agreement settles the terms of the UK’s departure from the EU in respect of citizens’ rights, the financial settlement […]

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 […]

“Shall” I Explain Why this Spectator Story is “Utter Bollocks”?

The editor of The Spectator, Fraser Nelson has been pushing on Twitter a story by Charles Day on the Spectator blog that there is a legal onus on the EU to “to do a Brexit deal”. The crux of the argument is the mandatory language used in Article 50 TEU which apparently places legal duties […]