Miller: Why the Government should argue that Article 50 is reversible

Dr Phil Syrpis, Reader in Law, University of Bristol

Professor Phil Syrpis, Professor of EU Law, University of Bristol

Last week’s judgement in the High Court is a ringing endorsement of the sovereignty of Parliament. It asserts that ‘Parliament can, by enactment of primary legislation, change the law of the land in any way it chooses’ (at [20]).

It explains why the ‘subordination of the Crown (i.e. executive government) to law is the foundation of the rule of law in the United Kingdom’ (at [26]), including references to the bedrock of the UK’s Constitution, the Glorious Revolution, the Bill of Rights, and constitutional jurist AV Dicey’s An Introduction to the Law of the Constitution.

The Crown has broad powers on the international plane, for example to make and unmake treaties, but as a matter of English law, these powers reach their limits where domestic law rights are affected. EU law, by virtue of the European Communities Act 1972 (described again as a constitutional statute), does indeed have direct effect in domestic law. As a result of the fact that the decision to withdraw from the European Union would have a direct bearing on various

The Royal Courts of Justice in London, home of the Senior Courts of England and Wales. Credit- Anthony M. from Rome, Italy - Flickr

The Royal Courts of Justice in London, home of the Senior Courts of England and Wales. Credit- Anthony M. from Rome, Italy – Flickr

categories of rights outlined in the judgement (at [57]-[61]), the Crown cannot, without the approval of Parliament, give notice under Article 50.  Continue reading

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Post-truth politics: Why do facts no longer matter to so many people?

Professor Stephan Lewandowsky, Chair in Cognitive Psychology, University of Bristol

Virtually unknown a few years ago, the terms “post-fact” and “post-truth” have exploded onto the media scene in 2016, with thousands of articles around the globe expressing concern over the absence of a shared body of facts and evidence in public and political debate. This concern is buttressed by evidence that the public is misinformed about a range of issues, from vaccinations to climate change and the fabled Weapons of Mass Destruction in Iraq.

Politicians have always sought refuge in fantasy or subterfuge when confronted by uncomfortable facts. So why the sudden concern with the emergence of “post-truth” politics? Two factors can be identified that confirm that the landscape of public discourse has changed: first, the brazenness with which some politicians have unshackled themselves from the constraints of evidence and reality, and second, the public’s acquiescence with this flight into fantasy land. Continue reading

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Donald Trump, the 2016 Election, and Historical Comparisons

Dr Julio Decker, Lecturer in North American History, University of Bristol

Dr Julio Decker, Lecturer in North American History, University of Bristol

In every American election cycle, superlatives abound. In 2016, they have been predominantly negative: the election is characterised as the worst or most depressing ever, but some have emphasised that the nation has recovered before after divisive campaigns. As a historian, I am acquainted with explaining the present through the past: we evaluate similarities, continuities and changes to explain the state of today’s world. But what can we actually learn from the past regarding the 2016 election?

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Independent verification of the UK’s greenhouse gas report: holding the Government to account

PhD student, Atmospheric Chemistry Research Group, School of Chemistry, University of Bristol

Dan Say, PhD student, Atmospheric Chemistry Research Group, School of Chemistry, University of Bristol

In the early hours of October 15th, negotiators from over 170 countries finalised a legally binding accord, designed to counter the effects of climate change by way of phasing down emissions of Hydrofluorocarbons (HFCs). These gases, introduced to replace the ozone-depleting CFCs and HCFCs for which the original Montreal Protocol was drafted, are typically used as coolants in air-conditioning systems. Unfortunately, like their predecessors, they are potent greenhouse gases, whose climate forcing effect per molecule is often many thousands of times greater than carbon dioxide.  Continue reading

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Unequal political rights: the case for immigrant suffrage in the UK

Dr Sean Fox, Lecturer in Urban Geography and Global Development, University of Bristol

Dr Sean Fox, Lecturer in Urban Geography and Global Development, University of Bristol

The distribution of political rights in the UK undermines the assumption of equality that underpins democratic practice, writes Sean Fox. He makes the case for extending voting rights to all legal immigrants living in the UK – whose lives are affected by government decisions as much as those who, by virtue of their citizenship, get to have a say in elections.

The vote to leave the EU was fundamentally undemocratic. Theresa May’s clear determination to plough ahead with Brexit therefore compounds an act of injustice that reveals a basic flaw at the heart of Britain’s electoral system. If this seems a provocative opening salvo for a radical cosmopolitan polemic, you may be surprised by the current distribution of voting rights in the UK.

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Putting Britain First: The Sino-UK ‘Golden Era’ with Theresa May Characteristics

Dr Winnie King, Teaching Fellow, School of Sociology, Politics and International Studies

Dr Winnie King, Teaching Fellow, School of Sociology, Politics and International Studies, University of Bristol

“The golden era of British-Chinese relations will continue,” Prime Minister Theresa May stated September 2nd on her way to the G20 in Hangzhou, China. Will it however, be the 24 carat of the days of Cameron and Osborne? Or have delays linked to Hinkley Point irrevocably tarnished the gleam of relations?

If President Xi Jinping’s statement during the G20 Summit is any indication, he is willing to ‘show patience,’ giving Mrs. May time to frame and launch her vision of British foreign policy and economic relations.

As one who seems to keeps her cards close to her chest, the question is what shape will this come in?

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‘Raining Women’ & Feminising Politics

Sarah Childs, Professor of Politics and Gender

Sarah Childs, Professor of Politics and Gender, School of Sociology, Politics and International Studies, University of Bristol

At home: In Westminster, Theresa May – the UK’s second woman Prime Minister – and in Holyrood, Nicola Sturgeon – Scotland’s first woman First Minister – opposed by the Tories’ Ruth Davidson, and Labour’s Kezia Dugdale.

Abroad: Angela Merkel, of course, and maybe soon President, Hilary Clinton.

The media seemingly don’t quite know what to do with ‘all’ these women in politics. Gender and politics scholars are finding themselves in great demand. There are, predictably, numerous articles in the newspapers about what the women are wearing, and how they do their hair.

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Brexit: how did news media play a role?

 PhD researcher in Politics; Teaching Assistant in Politics, SPAIS, University of Bristol

Denny Pencheva, PhD researcher in Politics; Teaching Assistant in Politics, SPAIS, University of Bristol

In light of the EU referendum result, a lot has been said and written on why Britain voted to leave. From my own point of view, as an Eastern European migrant and an aspiring academic, the Leave victory was not so much a surprise, but rather a long-feared reality. Just to be clear, it is not that a sensible case for an EU exit could not have been made, it is that it was not made.

When I came to Britain I knew I was not in continental Europe, but I knew I was in the EU. And this offered some consolation in terms of guaranteeing the so-called acquired rights, given the numerous legal opt-outs Britain has within the EU, including on issues of immigration.

In light of my research around issues of asylum and migration, EU border control policies and more (see base of blog for detail), I want to examine how British mainstream media played a role in framing the main debates ahead of the EU referendum campaign and ask, what are the policy and real-life implications for British and EU citizens?

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Shaping the corporate landscape: it’s high time for corporate reform

Nina Boeger, Senior Lecturer in Law, University of Bristol

Nina Boeger, Senior Lecturer in Law, University of Bristol

Mistrust in corporate governance and multi-national companies has rarely run deeper than today. In extreme cases of misconduct, corporate bosses might be called in to answer questions about their own exploitative conduct vis-a-vis their businesses, as we have seen recently in the public interrogation of Sir Phillip Green, former “owner” of the now defunct BHS.

But generally, it has become ever clearer that while corporations carry responsibility for many of our current global problems, from rising social inequality to looming ecological disaster, they are rarely held fully accountable for their misdemeanours and recklessness.

Our corporate governance system has so far failed to impose effective limits on the rent-seeking of financial investors and the excess of corporate managers at the expense of the wider workforce and the exploitation of our communities and the environment. Instead, profit maximisation for shareholders, and handsome remuneration packages for company directors even when they manage their company against the long-term interests of employees, consumers and the wider communities that businesses are meant to serve, continue to dominate the order of the day.

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British politics is failing the Brexit test

Dr Hugh Pemberton Reader in Contemporary British History, University of Bristol, Department of History

Dr Hugh Pemberton
Reader in Contemporary British History, University of Bristol, Department of History

What have we learned in the days since Britain voted to leave the EU by a margin of 3.8 percentage points?

The UK has jettisoned its foreign policy of 55 years, the political class is paralysed, and the country is in dangerous economic waters. This is a political failure on a scale unprecedented in modern British history which calls into question fundamental features of our political system.

First, it is clear nobody has the slightest idea how Brexit (either ‘hard’ or ‘soft’) is to be accomplished. Those campaigning for a Leave vote had no plan for how it might be achieved in a way that would not impose lasting damage on the country by crimping exports to countries that represent 45% of our overseas trade. Astonishingly, no serious contingency planning had been done within Whitehall, which consequently, is having radically to reorientate itself and try to find people with the necessary skills.

Second, many of the dire predictions of ‘project truth’ were right. The pound is at a low not seen for 31 years – not a bad thing for exporters but a significant loss for international investors in our economy, and in our government’s debt, that may ultimately have consequences for their confidence in us. There are serious concerns that the widespread economic uncertainty is leading a downturn in business investment, not least in the all-important service and construction sectors, and to large scale cancellation of investment, creating the conditions for recession. Many large firms (e.g. HSBC) are already implementing plans to redeploy parts of their business and workforce to the Continent. As the Bank of England has warned, Brexit is ‘crystallising’ very serious economic risks as well as posing a major foreign policy challenge.

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