Topic

‘UK Referendum Practice and Regulation Needs Urgent Reform’

Author/Academic

Alan Renwick and Jess Sargeant

Viewpoint

This article highlights the 2018 publication of the ‘Report of the Independent Commission of Referendums’, and its recommendations for improving the use and conduct of referendums in UK politics. Discusses the growing popularity of political referendums, their role in a democratic system, and the report’s main conclusions on their improved regulation, including greater transparency and legislative reforms.

Source

[2018] 5 European Human Rights Law Review 422–425

Topic

‘Reversing a Withdrawal Notification Under Article 50 TEU: Can a Member State Change Its Mind?’

Author/Academic

Aurel Sari

Viewpoint

Considers whether member states can rescind their notice to withdraw from the EU under Art 50 TEU before it takes effect. Explains the applicable rules of interpretation under Arts 31 and 32 Vienna Convention on the Law of Treaties (1969), the approach adopted in R (on the application of Miller) v Secretary of State for Exiting the European Union (2017), and the terms and context of Art 50. Suggests why the withdrawal of notice appears possible.

Source

(2017) 42(4) European Law Review 451–473

Topic

‘Miller, Statutory Interpretation, and the True Place of EU Law in UK Law’

Author/Academic

Mikolaj Barczentewicz

Viewpoint

The author argues that the ruling in R (on the application of Miller) v Secretary of State for Exiting the European Union was incorrectly decided and the court should have found that notification of an intention to withdraw from the EU under Art 50 TEU was within prerogative powers. Reviews EU law’s place within UK law and suggests how the court failed to give adequate answers to arguments involving interpretation of the European Communities Act 1972.

Source

[2017] (Nov) Public Law Supp, Brexit Special Extra Issue 10–24