Constitutional Conventions in UK Law

  • Brexit Update – The UK Supreme Court Ruling on Article 50, the Great Repeal Bill and the Commencement of the Departure Process
    • JD Supra United Kingdom
    In the January edition of the Delta Report, we discussed the pending Article 50 challenge before the UK Supreme Court (the "Supreme Court") and highlighted some of the issues and uncertainties surr...
    ... ... , the Supreme Court delivered one of the most significant constitutional decisions of this generation, dismissing the Secretary of State for ... The Supreme Court also noted that constitutional conventions such as the 'Sewel Convention' [18] play a fundamental role in the ... ...
  • Alert: UK Supreme Court Confirms Only Parliament Can Start Formal Brexit Process
    • JD Supra United Kingdom
    In its widely anticipated judgment in R (Miller and another) v. Secretary of State for Exiting the EU, the UK Supreme Court confirmed on 24 January, by an 8 to 3 majority, that the British governme...
    ... ... -frogging the Court of Appeal), in light of the case’s constitutional importance and the urgency of resolution. In light of the defeat of the ... The Court unanimously confirmed the principle that conventions are political in nature, with no legal force. In the words of Lord ... ...
  • Article 50 Has Been Triggered by the UK: What’s Next?
    • JD Supra United Kingdom
    As anticipated, on this day, March 29th, 2017 British Prime Minister Theresa May has taken the historical step of formally notifying the European Council of the United Kingdom (UK)’s intention to w...
    ... ... It also ends a period of uncertainty about the UK’s constitutional requirements regarding this decision ... The implementation of article ... law, or when applicable, by multilateral international Conventions ... Technically, there could be other options instead of negotiating ... ...
  • Brexit: UK Supreme Court Holds That An Act Of Parliament Is Necessary To Trigger Brexit Negotiations
    • Mondaq UK
    ... ... following a decision made "in accordance with its own constitutional requirements." The UK Government had argued that the European Council ... 24 "Conventions of the UK Parliament", Report Session of 2005-6 ... 25 The Conservative ... ...
  • Brexit Judgment: UK Supreme Court Dismisses The Government's Appeal
    • Mondaq UK
    ... ... to withdraw from the Union in accordance with its own constitutional requirements." The Supreme Court judgment specifies what those ... are neither the parents nor the guardians of political conventions; they are merely observers" and as such the court did not have ... ...
  • Brexit: UK Supreme Court Holds That an Act of Parliament Is Necessary to Trigger Brexit Negotiations
    • JD Supra United Kingdom
    The Supreme Court has upheld the High Court’s decision in Miller v Secretary of State for Exiting the European Union. Its judgment confirms that an Act of Parliament is required to authorise the Go...
    ... ... following a decision made “in accordance with its own constitutional requirements.” The UK Government had argued that the European Council ... [24] “ Conventions of the UK Parliament ”, Report Session of 2005-6 ... [25] The ... ...
  • Queen's Speech Draft Legislative Programme
    • Mondaq United Kingdom
    ... ... England ... Constitutional Renewal Bill ... A bill to redistribute power away from the ... and to promote economic regeneration ... Geneva Conventions and United Nations Personnel ... A bill to fulfil the commitment to ... ...
  • Brexit – A Guide To What Happens Next
    • Mondaq UK
    ... ... to withdraw from the Union in accordance with its own constitutional requirements." ... In theory the outcome of the referendum does not bind ... commitments made as party to various UN environmental conventions and currently implemented through EU legislation. Perhaps surprisingly, ... ...
  • The European Union (Withdrawal) Bill: The Impact On Scotland
    • Mondaq UK
    ... ... UK Supreme Court decision in Miller made clear that such conventions (if indeed this particular practice has the status of a convention, on ... of issues for debate; some legal, some political and all constitutional. Individuals and businesses will want to know as early as possible what ... ...
  • Brexit Update: U.K. Prime Minister’s Decision to Prorogue Parliament Unlawful
    • JD Supra United Kingdom
    Background - The exit of the United Kingdom from the European Union is heading towards another periodic climax with the exit date currently set for 31 October 2019. The U.K. Supreme Court today ...
    ... ... Unlike the U.S., the U.K. is a constitutional monarchy with an unwritten constitution. The Queen’s role as head of ... and performs her functions largely guided by convention, those conventions being the underlying principles of the constitution without themselves ... ...
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