Carl Gardner

Last night’s UCL event—Brexit: Legal & Constitutional Requirements

July 14, 2016

Last night University College London hosted a discussion on Brexit and the law, featuring Dr Tom Hickman and Professor Jeff King (co-authors with Nick Barber of the famous article 50 blogpost) together with Professor Piet Eeckhout, Dr Virginia Mantouvalou, Professor George Letsas and Dr Ronan McCrea. I was far from convinced by some of the […]

Read the full piece →

Can Jeremy Corbyn be kept off Labour’s leadership ballot?

July 11, 2016

This is the question in the minds of practically everyone in the Labour party today, as Angela Eagle announces her leadership challenge following MPs’ recent overwhelming vote of no confidence in the leader. The future of Labour politics and, in the short term, of British politics as a whole may rest on this technical—and ultimately legal—question. […]

Read the full piece →

Article 50, and UK constitutional law

June 27, 2016

If you’ve been following closely news about Britain’s EU referendum and its aftermath, you’ll probably have heard of article 50 of the Treaty on European Union which makes provision for a member state to leave the EU and lays down and extendable two-year period for a withdrawal agreement. THE TEXT OF ARTICLE 50 Here it is: […]

Read the full piece →

The draft EU (Voter Registration) Regulations 2016

June 9, 2016

Draft EU Referendum (Voter Registration) Regulations 2016 (PDF) Draft EU Referendum (Voter Registration) Regulations 2016 (Text) Here are the draft regulations that will (if approved by resolutions of both Houses of Parliament this morning) extend the voter registration deadline for the EU referendum. Thanks to Rich Greenhill for alerting me to their being online. Click […]

Read the full piece →

How to extend the referendum voter registration deadline

June 8, 2016

In response to the overloading of the website where people could register to vote in the coming EU referendum, government is apparently considering how it can extend the deadline (which expired at midnight) by a day: Mr Cameron said people should continue to register on Wednesday, saying the government was working urgently with the commission […]

Read the full piece →

Pannick and Lester on the “British Bill of Rights”

June 2, 2016

Lords Pannick and Lester have form for writing together on human rights, and today Pannick writes on the subject in the Times, while Lester comments in The Brief. Pannick makes fun of the long delay in producing its “Bill of Rights”: the Chilcot inquiry into the Iraq War, and the assessment of the case for a […]

Read the full piece →

Why Michael Gove should drop his Bill of Rights plans

May 9, 2016

Today the House of Lords EU committee has published its report on “The UK, the EU and a British Bill of Rights”. It’s quite a wide-ranging report covering for example the respective scope of the ECHR and the EU Charter of fundamental rights, the enforcement of each in national law, and the impact of any […]

Read the full piece →

Let’s have proper no-fault divorce

March 11, 2016

MPs are due today to debate the principle of Richard Bacon MP’s No-fault Divorce Bill. What’s interesting about this bill is how very unradical it is. When we talk about “no fault divorce” most of us mean taking any notion of fault out of the divorce process altogether so that when you decide you want […]

Read the full piece →

Gove can roll his own smoking ban:
R (Black) v Justice Secretary

March 8, 2016

Does the smoking ban in public places apply to prisons? No, the Court of Appeal has said, in a judgment today. The ruling doesn’t lay down any “groundbreaking” precedent (it has no wider legal effect beyond determining that the smoking ban doesn’t apply) but is a fascinating reminder of an old-school principle of constitutional law, […]

Read the full piece →

What Boris told us about the “sovereignty plan”

March 7, 2016

Since I wrote about David Cameron’s “sovereignty plan”, it seems to have been forgotten. It’s clear the idea was aimed at keeping politicians in the Remain camp, and has failed. @carlgardner I understand it is an utter mess, and that it is hoped we all forget it ever happened.#journalism — David Allen Green (@DavidAllenGreen) February […]

Read the full piece →