Topic

‘Brexit as Constitutional “Shock” and Its Threat to the Devolution Settlement: Reform or Bust’

Author/Academic

Noreen Burrows and Maria Fletcher

Viewpoint

The authors of this article argue that the devolution settlement between Scotland and the UK Parliament cannot withstand the ‘constitutional shock’ of Brexit and that the Joint Ministerial Committee (EU Negotiations) has not proved a successful forum for the exchange of views between the UK and the devolved administrations.

Source

[2017] 1 Judicial Review 49–57

Topic

‘Miller: Legal and Political Fault Lines’

Author/Academic

Paul Daly

Viewpoint

This article reflects on the ruling in R (on the application of Miller) v Secretary of State for Exiting the European Union (2017), and suggests that it can be understood with reference to the fault lines between: (1) form and substance regarding devolution and the relationship between UK and EU law; (2) the old and new constitutions; and (3) legal and political accountability. Examines the legislative response to the judgment.

Source

[2017] (Nov) Public Law Supp, Brexit Special Extra Issue 73–93

Topic

‘The Strange Reconstitution of Wales’

Author/Academic

Richard Rawlings

Viewpoint

This article reflects on the complex constitutional arrangements applicable to a devolved Wales under the Wales Act 2017. It goes on to discuss the successive phases of Welsh devolution legislation, the dynamics of the draft Wales Bill 2015, the approach of the shadow draft Bill, and the revised position under the Wales Bill 2016. It also examines the move to a reserved powers model of devolution in the 2017 Act, the influence of Scottish devolution law, and the impact of Brexit.

Source

[2018] Public Law 62–83

Topic

‘“Brexit” in the Supreme Court’

Author/Academic

Scott Blair

Viewpoint

This is the first in a series of articles. It considers, with reference to the role of the Scottish Parliament, elements of the Supreme Court decision in R (on the application of Miller) v Secretary of State for Exiting the European Union concerning the UK’s process of withdrawal from the EU and the associated scope of prerogative powers.

Source

(2017) 76 Scottish Human Rights Journal 3–8

Topic

‘The Supreme Court’s Judgment in Miller: In Search of Constitutional Principle’

Author/Academic

Mark Elliott

Viewpoint

This article criticizes, due to its treatment of arguments of constitutional principle, the majority judgment in R (on the application of Miller) v Secretary of State for Exiting the European Union on whether the UK Government could exercise its prerogative power to initiate the UK’s withdrawal from the EU, and whether the devolved legislature’s consent had to be obtained prior to commencing the withdrawal process.

Source

(2017) 72 Cambridge Law Journal 257–288