Brexit: Foundational Constitutional and Interpretive Principles: II
This should be read with the previous posting. They are both designed to reveal underlying issues of constitutional and interpretive principle that pertain to Brexit. The previous post considered constitutional...
Brexit: Foundational Constitutional and Interpretive Principles: I
The post-referendum discourse has been marked by vibrant political and legal exchange in Parliament and the courts. This is not the place for detailed engagement with all such arguments, nor...
Triggering Article 50: R (Miller and others) v Secretary of State for the Exiting of the European Union (Continued)
Alison Young continues her analysis of the Miller case before the High Court. The first part, concerning jurisdiction and the correct approach to public law litigation, can be found here....
Triggering Article 50: R (Miller and others) v Secretary of State for the Exiting of the European Union
The High Court in London is currently hearing a challenge to the position of the UK Government that it can trigger Article 50 of the Treaty on the European Union...
Did Brexit Save the HRA 1998?
Perhaps it is time to begin looking for silver linings, as opposed to fantastic judicial interventions. On this blog in March I wrote that a remain vote in the referendum...
The Referendum on the European Union: Remaining Human
The referendum on the UK’s membership of the EU is a decision that will be taken in a troubling context. Although occasionally clothed in the inclusive language of globalism, ‘leave’...
Brexit, Sovereignty and Reality
The referendum campaign has been marked by claims and counter-claims, with each side contesting the ‘facts’ advanced by the other. Voters will form their own views on the respective ‘guilt’...
Solidarity Not Separation: The Case for Continued Interaction Between UK and EU employment rights – an attempt to sum up
I have consciously and deliberately picked up on and generalized the title of Professor Fredman’s initial contribution to this series because that title cannot in my view be bettered as...
Brexit: What would be the timetable for leaving?
This blog considers when the UK would cease to be a member of the EU, if the result of the referendum on 23 June 2016 is to leave the European...
Brexit and collective labour rights
There has been considerable concern expressed regarding the employment rights that British workers would lose by virtue of Brexit. But this is not straightforwardly the case in respect of collective...
Brexit and Worker Rights
It is now pretty well-known that most of the employment rights in the UK are guaranteed by EU law—the principal exceptions being unfair dismissal and the national minimum wages—as I...
Working time and Brexit: Bad Karma?
Imagine a Karmic invitation to be reborn as a piece of employment legislation. It is very likely that the Working Time Directive (WTD) would be at the very bottom of...
