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  • Retained EU law: shredding the shredder

    Carl Gardner
    April 28, 2023

    That video gives the impression, doesn’t it, that Rishi Sunak was going to “shred” retained EU law within a hundred days? That […]

    Tags: Brexit, eu law, government
  • Is a digital newspaper a newspaper? The “always speaking” principle

    Carl Gardner
    April 27, 2023

    Times print and digital editions

    A Supreme Court judgment recently held that a digital newspaper isn’t a newspaper. This was the case of News Corp v HMRC, in which the media giant […]

    Tags: eu law, interpretation
  • Laughing gas and the Psychoactive Substances Act

    Carl Gardner
    September 1, 2017

    It’s been reported that some prosecutions under the Psychoactive Substances Act 2016 have collapsed recently, at Southwark and Taunton Crown Courts. The Taunton case at least was about the section 7 offence of […]

    Tags: eu law, medicines
  • Will Brexit rights have direct effect? The Human Rights Act may show us the answer

    Carl Gardner
    August 23, 2017

    The government published its latest “future partnership paper” today on “Enforcement and dispute resolution”, and most of the attention it’s gathered—and the government’s spin—has been about its “dispute resolution” aspect. In other words, […]

    Tags: Brexit, eu law, government, human rights
  • Why the High Court got the law wrong about Brexit

    Carl Gardner
    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 […]

    Tags: article 50, Brexit, constitution, constitutional statute, eu law, prerogative, principle of legality
  • Article 50, and UK constitutional law

    Carl Gardner
    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 […]

    Tags: constitution, eu law, eu referendum, government, parliament, prerogative
  • What Boris told us about the “sovereignty plan”

    Carl Gardner
    March 7, 2016

    Boris MarrSince 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.

    Tags: constitution, eu law, parliamentary sovereignty, UK Supreme Court
  • What is Parliamentary sovereignty, anyway?

    Carl Gardner
    February 23, 2016

    Albert_Venn_Dicey_in_academic_robes - Version 2As we await David Cameron’s sovereignty plan this week, it might help to explain what we mean by “Parliamentary sovereignty”.

    When we talk about Parliamentary sovereignty, we don’t mean a general notion […]

    Tags: constitution, eu law, human rights, US constitution
  • Could Greece take Europe to court?

    Carl Gardner
    July 1, 2015

    Dennis Skley | Creative CommonsCould a desperate Greece go to court over its financial dispute with Europe? The crisis is more about politics and finance than it […]

    Tags: ecj, eu law
  • Same-sex marriage: the US, Europe and the Obergefell questions

    Carl Gardner
    June 25, 2015

    Elvert Barnes | Creative CommonsThe US Supreme Court’s opinion in Obergefell v Hodges – it may come out today, or next week – will […]

    Tags: discrimination, ecj, ecthr, eu law, family, free movement, human rights, US constitution, US Supreme Court
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