It seems counterintuitive, and maybe untimely, to think of the coronavirus epidemic as a "constitutional moment" as well as a medical crisis. But it might turn out to be just that, though not for the reason you might think. A constitutional moment is when a decisive rearrangement of power takes place. We may just have seen the start of one. Not between London and Edinburgh, … [Read more...] about England’s constitutional key
Brexit’s most elaborate fudge may not save May
After a long (Fri)day at Chequers, Theresa May’s European approach remained on what might charitably be called its course. (By Monday, with Boris gone too after David Davis's resignation, maybe not).Brexiteers in Cabinet came quietly, it seemed, and signed up for an elaborate plan for a soft-ish Brexit. So was everything settled?Hardly. As I have argued in this blog … [Read more...] about Brexit’s most elaborate fudge may not save May
Kicking the can down the road to Norway
There is surprisingly little satisfaction in prophesying correctly. Eighteen months ago, I predicted the course of Brexit would be determined by its genesis. Because there was no plan, the UK would not be ready to leave on the due date, and would need a transitional arrangement that looked just like the European Economic Area.So it has proved. For the same reason, … [Read more...] about Kicking the can down the road to Norway
Drop the EU Continuity Bill
This note of further evidence examines the implications for the Scottish Government’s UK Withdrawal from the European Union (Legal Continuity) (Scotland) Bill of the list of devolved topics interacting with EU law which the UK government wishes to reserve pending the agreement of replacement frameworks.Three main points emerge:No permanent reservations are apparently … [Read more...] about Drop the EU Continuity Bill
Conventional wisdom: Brexit, devolution and Sewel
The UK Supreme Court concluded (January 24) that the Sewel convention is not a legal obligation and devolved legislatures - such as Holyrood - have no power to veto the triggering of Brexit under Article 50.But they do have powers over the choices to be made about the consequences for devolved subjects and powers. This presents risks and opportunities: on the one hand, … [Read more...] about Conventional wisdom: Brexit, devolution and Sewel