Tag results for 'Brexit'

Brexit: Cityflyer case provides some clarity on stance of UK courts towards EU law

July’s UK Supreme Court judgment in Lipton v BA Cityflyer has brought some clarification as to how the UK courts will deal with the implications of EU case law in the post-Brexit era

Released on Aug 20, 2024

Rewriting Brexit

The UK government’s latest moves to revise the Northern Ireland Protocol ride roughshod over international law and threaten the country’s reputation and relations abroad

Released on Jul 14, 2022

The post-Brexit era: where are we now?

Individuals and organisations alike are getting to grips with how the immigration landscape has changed in a post-Brexit era. EEA nationals will now be treated like non-EEA nationals and will require immigration status to live and work in the UK. This article provides answers to some of the questions that organisations may have concerning the changes to immigration status.

Released on Jul 16, 2021

The future of Europe: rule of law must not be compromised in Brexit Bill

Whilst the UK Government fixes its attention on withdrawal negotiations with the European Union, the UK Parliament is grappling with the legislation, the European Union (Withdrawal) Bill. According to legal experts the legislation is ‘a legal revolution’. But, outside of the Westminster bubble, lawyers and the UK’s top judges have warned that the 62-page Bill does not uphold the rule of law.

After Brexit: a legal void?

Lawyers fear that the government’s hard line on its promise to ‘take control’ of its own laws will lead to failure in pursuing a comprehensive dispute settlement agreement in Brexit negotiations. Article 50 of the Lisbon Treaty does not stipulate any rules or regulations regarding dispute settlement after a country leaves the European Union, but lawyers say it is vital that this is prioritised in the talks.

Editorial - IGI February/March 2017: separation of powers and the rule of law are being tested to the extreme

IBA Global Insight Editorial - February/March 2017. The separation of powers – whereby executive, legislature and judiciary check and balance the use, and potential abuse, of power – is in place to protect democratic states and their people, and is a principle that goes back at least as far as Ancient Greece and Aristotle. It’s fair to say we’re living through a remarkably dramatic moment in history when the separation of powers and the rule of law are being tested to the extreme.

Brexit: the court, the controversy and the constitution

‘Ministers’ intentions are not law’ the Supreme Court stated in the UK’s most important constitutional case for a generation. In its ruling in R (on the application of Gina Miller & Dos Santos) v Secretary of State for Exiting the European Union (EU), the Court found against the UK Government. It concluded that the legislature – parliament – must pre-approve the intentions of the executive – the government – to start the process of the UK’s withdrawal from the EU.

Brexit ruling sends constitutional question to Supreme Court

The recent High Court ruling that the UK government must consult Parliament before triggering Article 50 of the EU Lisbon Treaty was always going to attract considerable attention. Yet, as the case heads to the Supreme Court, the vitriolic reaction to the judgment in certain corners of the media has sparked a broader debate about the roles of both the judiciary and the press in high-profile legal cases.