Indyref2: A bold but unsurprising move from Nicola Sturgeon

nicola sturgeonIn a speech on 13 March, Nicola Sturgeon outlined her intention to call a second Scottish independence referendum. Paul Anderson, Canterbury Christ Church University, writes that while the announcement was not surprising given recent speculation, it was nevertheless a bold move on the part of Sturgeon. Only time will tell, however, whether she will be remembered as the First Minister who presided over the independence of Scotland or the leader who got it spectacularly wrong. Note: This article first appeared on the LSE EUROPP blog and is reposted here with permission.

Nicola Sturgeon’s announcement that she is to seek a second independence referendum to be held between autumn 2018 and spring 2019 is a bold but unsurprising move from the Scottish First Minister. She has spelled out that first she will seek the approval of the Scottish Parliament which, with a majority of pro-independence MSPs (the SNP and Greens), should prove no obstacle.

Continue reading

In Defence of Miller

gina-miller.jpgIn June 2016, Jeff King, Professor of Law, UCL and Nick Barber, Associate Professor of Law, University of Oxford, argued that parliamentary approval was required before Article 50 could be triggered. At the time, their arguments were (wrongly) dismissed by various politicians and constitutional experts. Here, they present a rigorous and legally dense defence of the High Court’s recent decision that parliament must give its approval before the government can trigger Article 50. 

Miller v Secretary of State for Exiting the European Union has stimulated quite a bit of debate. Some criticism of the decision has been well-informed and thoughtful, whilst some of it has been, to put it charitably, less worthy of engagement. In this post we respond to what we view as the strongest arguments against Miller, taking account of the Government’s written case for appeal. We discussed the reasoning used in the case in an earlier post written with Tom Hickman, and will not repeat that explanation here. This post assumes knowledge of that earlier piece, which was written with the lay reader in mind. The present piece, more legally detailed, is necessitated by the quite subtle replies to the argument in that original post and to the judgment in Miller.

Continue reading

The UK decision to withdraw from the EU: parliament or government?

high court.jpgIn light of the ongoing legal hearing on the triggering of Article 50, Piet Eeckhout, Professor of EU Law at UCL, examines Article 50 from an EU law perspective. He explores what the UK’s ‘constitutional requirements’ for leaving the EU entail, noting that Parliament has a role to play in any withdrawal decision.

The litigation concerning the triggering of Art 50 TEU is under way, with hearings this week and next. It is the constitutional case of the century. The government’s skeleton argument has been published. This reveals that one of the pillars of its defence is that the decision to withdraw from the EU has already been taken. Consequently, all that is in issue is the authority to notify the EU of that decision, and to start the two-year negotiation period provided for in Art 50. That, the government’s case goes, is a decision of high policy which is rightly in the government’s hands, and not in those of parliament.

Continue reading

Brexit Divisions II: the mother of all migration debates

Screenshot 2016-03-23 09.23.19Migration will play a central role in the June EU referendum. The UCL European Institute’s Uta Staiger and Claudia Sternberg explore which arguments, facts, and strategies the campaigns will deploy to swing the vote in their favour. This article gives an overview of our second guest editor week on the topic on openDemocracy.

Migration has emerged as perhaps the most prominent – and certainly challenging – issue for both the In and Out campaigns on British EU membership. Continue reading

Six paradoxes of the Brexit debate

Screenshot 2016-03-04 14.14.02The ‘Brexit’ debate has taken off in the UK in the ten days since David Cameron got his new deal at February’s European Council summit, with daily media coverage and social media from both sides swinging into gear. How the debate, and the polls, will evolve over the coming four months is unclear but, Kirsty Hughes explains, so far various paradoxes are emerging.

1. Mainly an intra-government debate

To all appearances, media coverage to date suggests that the Brexit debate is essentially only a debate between two different camps in the Conservative government: a debate between mild eurosceptics in the British cabinet, including the Prime Minister, against a half dozen strong eurosceptics also in the cabinet. Continue reading