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

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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An Orwellian violation of privacy is still not the answer to safeguarding the country in the face of extremism

oliver-daniel

Oliver Daniel is a second year Geography undergraduate, current intern at PolicyBristol, and cyber-security intern in Summer 2016.

The tragic news from Paris shook the world, and has led to an urgent reconsideration of how we can safeguard our citizens’ security. Less than two weeks after the announcement of Theresa May’s Investigatory Powers Bill, the horrific events of Paris still cannot be used as a means to justify it.

“Computers are central to our everyday lives. Big data is reshaping the way we live and work. The internet has brought us tremendous opportunities to prosper and interact with others. But a digital society also presents us with challenges. The same benefits enjoyed by us all are being exploited by serious and organised criminals, online fraudsters, and terrorists. The threat is clear. In the past 12 months alone, six significant terrorist plots have been disrupted here in the UK, as well as a number of further plots overseas. The frequency and cost of cyber-attacks is increasing, with 90% of large organisations suffering an information security breach last year.” Theresa May

The Bill was justified by the Rt Hon Theresa May MP as necessary to ensure that “law enforcement and the security and intelligence agencies have the powers they need to keep us safe”. But does this Bill really succeed in keeping us safe, and if so, at what cost?

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