Category Archives: Constitutional law

The Year of Covid 19: Political religion and the culture wars. Part 2. 1. Europe’s legacy: the first fifteen hundred years to AD 410.

The draft Constitution for Europe, and then the Lisbon Treaty finally signed by all EU member states in late 2007, failed to reference Europe’s Christian legacy in its Preamble. The text that made it through to the preamble of the … Continue reading

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The UK Internal Market Bill: Supranational v. International law

On 6 September, the FT and The Guardian   reported that the UK government planned to draw up new legislation regarding the UK’s internal market. The FT headline asserted that the government’s bill was intended to “bypass the withdrawal agreement’s … Continue reading

Posted in Constitutional law, European integration, France and Germany, International law, Supranational law, Uncategorized, United Kingdom | Tagged | 9 Comments

Brexit and the British Constitution: Part V. Modernisation or Vandalism?

This is the last in the series of articles on Brexit and the Constitution. It is based on four books which have dealt with the subject over the last twenty years: Vernon Bogdanor, Professor of Government at King’s College, London, … Continue reading

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Brexit and the British Constitution: Part III. Efficiency, Parliamentary Sovereignty, Bureaucracy.

The Three Simplifiers. “What is the origin of this seemingly inexorable tendency to get rid of the old checks and balances, asks Ferdinand Mount, to peel off the ancient gnarled bark and hack away the tangle of intertwining and overhanging … Continue reading

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The Supreme Court’s judgement on Prime Minister Johnson’s decision to prorogue parliament: Part IV. New law or constitutional aberration?

The Supreme Court judgement: new law or constitutional aberration? I will not pretend to my own position: the root of the British uncoded Constitution is the Bill of Rights of 1689, and subsequent court judgments and statutes. This states that … Continue reading

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The Supreme Court’s judgement on Prime Minister Johnson’s decision to prorogue Parliament: Part III. Assessment.

Assessment of the Supreme Court judgement. The portrait is of Sir Edward Coke in June 1614, when he was elected High Steward of the University of Cambridge. Coke was a champion of a particular view of Parliamentary Sovereignty, a view, arguably, … Continue reading

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The Supreme Court’s judgement on Prime Minister Johnson’s decision to prorogue Parliament: Part II. The Arguments for and against.

The argument that Johnson’s  decision to prorogue is not justiciable. There are two judgements-that of Lord Doherty sitting in the Outer House of the (Scottish) Court of Sessions on September 4, and the judgement in the High Court dismissing Mrs … Continue reading

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The Supreme Court judgement on Prime Minister Johnson’s decision to prorogue Parliament: Part I: Definitions and timeline.

On 24 September 2019, in a unanimous decision by eleven justices, the UK’s Supreme Court  found Prime Minister Johnson’s advice to the Queen to prorogue parliament from September  9 and 12 September 2019 until the State Opening of Parliament on … Continue reading

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