Carl Gardner

1956: The Attorney General’s Suez file

December 27, 2016

The year about to end, 2016, is the 60th anniversary of the Suez crisis—something I’m surprised hasn’t had more coverage and comment. The Suez crisis is of legal interest because of the way the Attorney General Sir Reginald Manningham-Buller’s view (that Britain’s military intervention could not be justified in international law) was ignored by the […]

Read the full piece →

Why the High Court got the law wrong about Brexit

November 4, 2016

Some reactions to the High Court’s judgment in the article 50 case, R (Miller) v Brexit Secretary, have been ugly, excessive and ridiculous. It’s excessive too to see the judgment as blocking Brexit, or as creating a constitutional crisis. It does neither thing. I’ve no doubt that if the judgment is upheld on appeal to […]

Read the full piece →

R (Miller and others) v Brexit Secretary: the claimants’ argument

October 13, 2016

Today the “article 50” challenge begins in the High Court. The claimants in the judicial review case want the court to order that government cannot lawfully decide to give notice of Brexit under article 50 of the Treaty on European Union unless Parliament first authorises it to do so by statute. As counsel for the claimants get […]

Read the full piece →

Legal Cheek interview: Julian Assange, and Labour in the Court of Appeal

August 11, 2016

I spoke to Legal Cheek’s Katie King this afternoon about today’s Julian Assange news and the Labour party’s appeal, heard today, against the High Court’s ruling that it must allow members signed up in the last six months a vote in the current leadership contest. We talked for about a quarter of an hour. I can […]

Read the full piece →

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 an 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 →