Brexit and the constitution: 7 lessons

We’re having a constitutional moment... the Brexit process has exposed a dysfunctional relationship between law and politics in Westminster. Have we learned any lessons?

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Brexit and the politics of law-making

Should MPs be able to legislate contrary to the wishes of the government of the day? The Cooper Bill has raised fundamental questions over the relationship between law and politics in the United Kingdom

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The ideologist: Jolyon Maugham QC

Tax barrister, blogger and campaigner – the tenacious Jolyon Maugham QC has driven the legal debate on Brexit since the referendum result and won’t let the issue go

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The ‘meaningful vote’

The fight for the right to decide – a quick guide to the Parliamentary showdown over the Brexit deal and what it bodes for the future

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Lawyers petition PM for a ‘People’s Vote’

More than 1,500 lawyers signed a letter urging Theresa May to hold a second referendum on the final Brexit deal.

Organised by the group, Lawyers for A People’s Vote, the letter said: ‘A People’s Vote is the most credible and democratic way to ensure the legitimacy of a decision that will profoundly impact generations to come.’

It argued that ‘democratic government is not frozen in time’ and that Parliament should not be bound by the 2016 vote any more than it should be by the 1975 referendum that took Britain into the EU, especially when there were ‘serious questions about the validity’ of the 2016 vote. They also said that voters are entitled to know what they are voting for.

Among the signatories were peers Helena Kennedy and Anthony Lester, more than 40 other QCs including Philippe Sands, Helen Mountfield, Henry Blaxland, Schona Jolly, Ben Emmerson and Hugh Tomlinson, former judge of the European Court of Justice Sir Konrad Schiemann, David Edward, a former judge of the Court of Justice of the European Communities and a smattering of City lawyers.

Meanwhile, a Brexit report from the Bar Council warned that the government’s moves to strip British terrorists of their citizenship was counter-productive, contrary to EU law and deprived the families of British victims of their right to see justice done in the UK courts.

The paper on human rights, the 27th of the Bar Council’s Brexit Papers, pointed to government figures published as a result of a freedom of information request showing that between 2013 and 2015, 60 British citizens were stripped of their nationality, mostly as a result of alleged terrorist activities, and estimated that since then, about 20 people a year have had their nationality removed by the Home Office.

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Interview: Christopher Vajda

As the Prime Minister’s Brexit dealings are awaited, Anthony Inglese meets UK judge to Europe’s top court, Christopher Vajda, who reflects on his journey to the ECJ and six years of judging EU-style

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Electoral law: unfit for the 21st century?

With democracy at risk there’s no excuse for legislative inaction, argue Alison Foster QC, Tom Tabori and Gethin Thomas who make the case for reform and put forward proposals for change

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Dare I mention B***it?

With the urgency to settle the UK’s negotiating position increasing and crunch time approaching, Andrew Walker QC reads the (legal) runes—what will Brexit mean for the Bar?

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Spring 2018: a Brussels Brexit stock-take

Is the rocky road to Brexit obscured by London fog? Taking stock from Brussels, Evanna Fruithof joins calls for fewer speeches and more legal texts

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EU Withdrawal Bill and judicial review: are we ready?

Angus McCullough QC considers the role of judicial review as the EU Withdrawal Bill is enacted, and after Brexit day has dawned

A flash-back to 1980: the first series of the TV sitcom, Yes Minister and a discussion between a Permanent Secretary (Sir Humphrey Appleby) and his Minister (the Rt Hon Jim Hacker MP):

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