We need to talk about our democracy

13702284943_a43335d328_zRecent days have seen ferocious attacks against the roles of both judges and parliamentarians in our democratic system. Alan Renwick and Meg Russell of the UCL Constitution Unit write that this assault is just the latest in a series of signs that the quality of our democracy is under threat. In light of this they argue for concerted efforts to defend that democracy: by pushing back hard against immediate challenges to the rule of law, resisting the lures of populism, and listening to those tempted by populist and anti-political rhetoric.

Thursday’s High Court ruling on Article 50 (assuming it is confirmed by the Supreme Court), means no more than that the government cannot legally begin formal Brexit negotiations without parliament’s consent. The judges did not question the validity of the referendum result or try to block the UK’s withdrawal from the EU – they just clarified the law. Parliament – as demonstrated by many MPs’ reactions – will almost certainly feel politically bound to respect the referendum outcome and authorise the Article 50 trigger.

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The End of the Beginning: Social Media and the EU Referendum

vote-leaveBy 23 June, Vote Leave had 620.9k followers across its social media platforms, versus Stronger In’s 595.8k – or 51.9% versus 48.1%, not too dissimilar from the final result. Andre van Loon, Research & Insight Director at social media agency We Are Social, discusses the divergent social media strategies adopted during the referendum campaign. He also notes that the relative online silence today is somewhat surprising and poses unique challenges for researchers and social media analysts.

Now this is not the end. It is not even the beginning of the end. but it is, perhaps, the end of the beginning.

– Winston Churchill

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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.

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Can a Brexit Deal Provide a Clean Break with the Court of Justice and EU Fundamental Rights Norms?

CJEU.jpgRonan McCrea, Barrister and Senior Lecturer in Law at UCL, argues that the UK could be under the jurisidction of the European Court of Justice for longer than many Brexiteers may care to imagine. Any withdrawal agreement negotiated under Article 50 has to comply with the basic constitutional norms of the EU legal order, including fundamental rights. This could have significant implications for the UK’s negotiating position, as well as the status of EU citizens living in the UK.

Those concerned with protecting human rights have been vocal in their concern that the Brexit process will lead to a reduction in human rights protection in the UK. Indeed, part of the case presented to voters in favour of Brexit was that leaving the EU would allow the UK to be free of the duty to comply with the EU fundamental rights norms, including Charter of Fundamental Rights and the possibly expansionist interpretation of that Charter by the Court of Justice of the EU. As with so many elements of the impossibly multifaceted and tangled process of Brexit, the reality may be less clear cut. It is in fact likely that any deal concluded under Article 50 will be subject to a degree of obligation to comply with the rights contained in the Charter and the fundamental elements of EU law, and indeed, and obligation to satisfy the Court of Justice that such compliance has occurred.

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Is the United Kingdom a Mini-EU?

gb flagsRonan McCrea, Barrister and Senior Lecturer in Law at UCL, draws parallels between the political structure of the UK and the European Union and argues that, with the growth of independence movements in Scotland and Wales, the UK increasingly resembles a loose collection of sovereign nations.

The United Kingdom is to leave the European Union, partly in order to protect the right to self-government of the UK as a nation state as expressed through the sovereignty of the Westminster Parliament. Interestingly, the reaction to the decision to leave the EU reveals the degree to which through a combination of devolution with increased recourse to referendums, the United Kingdom has drifted into being a kind of voluntary grouping of sovereign nations that bears significant similarities to the European Union. Continue reading