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If the principle of parliamentary sovereignty is to continue to have real meaning in Britain, the decision to leave the EU must be taken by parliament, not the government.
17 October 2016
Starts: Oct 17, 2016 12:00:00 AM
What, if anything, can the experience of (research on) Eastern Europe say to us as we head towards Brexit? Lessons may lie above all in getting to grips with the tempo and nature of political change, its (un)predictability and likely channels.
1 August 2016
Starts: Aug 1, 2016 12:00:00 AM
On Thursday night, for the third time since January 2015, President François Hollande was faced with a mass murder on French soil. An ashen-faced Hollande, almost looking like a broken man, appeared on television on Friday at 4am and declared: “This is undoubtedly a terrorist attack; the whole of France is under the threat of an Islamic terrorist attack”.
18 July 2016 More...
Starts: Jul 18, 2016 12:00:00 AM
|This section provides background material and references on the implications of the UK's European Union Act 2011, and specifically its referendum 'lock' provisions.|
1. POLICY BRIEF
The brief discusses the changes brought about by the EU Act 2011, in relation to Britain’s position in and attitude towards, the European Union. It considers the referendum provisions of the EUA; referenda and UK constitutional law; and the role of referenda in democratic deliberation.
2. BIBLIOGRAPHY AND ONLINE RESOURCES
European Union Act 2011
See in particular the following provisions:
- Section 2: Treaties amending or replacing TEU or TFEU
- Section 3: Amendment of TFEU under simplified revision procedure
- Section 4: Cases where treaty or Article 48(6) decision attracts a referendum
- Section 6: Decisions requiring approval by Act and by referendum
- Section 18: Status of EU law dependent on continuing statutory basis
II. Explanatory Documents
- European Union Act 2011, Government Explanatory Notes
- House of Commons European Scrutiny Committee, The EU Bill: Restrictions on Treaties and Decisions relating to the EU: Government Response to the Committee's Fifteenth Report of Session 2010–11 (2 March 2011) HC 852.
- House of Commons European Scrutiny Committee, The EU Bill: Restrictions on Treaties and Decisions relating to the EU (January 24, 2011) HC 682.
- House of Lords Constitution Committee, Referendums in the United Kingdom (12th Report of 2009-10) HL 99.
- The Coalition: ‘Our Programme for Government’ (2010) 19.
III. Case Law
- R. v Secretary of State for Transport Ex p. Factortame (No.2)  3 W.L.R. 818.
- HL and R. v Secretary of State for Employment Ex p. Equal Opportunities Commission  1 A.C. 1 HL
- Thoburn v Sunderland City Council  EWHC 195 (Admin);  Q.B. 151.
- R. (on the application of Jackson) v Attorney General  UKHL 56;  1 A.C. 262.
European Union Act 2011
- S Peers, ‘European Integration and the European Union Act 2011: An Irresistible Force Meets an Immovable Object?’ (2013) Public Law 119.
- MJ Gordon and M Dougan. ‘The United Kingdom’s European Union Act 2011: “Who Won the Bloody War Anyway?” (2012) 37:1 European Law Review 3.
- P P Craig, 'The European Union Act 2011: Locks, Limits and Legality' (2011) 48 Common Market Law Review 1881.
- S Peers, ‘The UK’s European Union Bill’ (November 2010), available at Statewatch.org, Annexes I and II.
Referenda and UK Law
- S Tierney Constitutional Referendums: The Theory and Practice of Republican Deliberation (Oxford University Press, 2012)
- S Tierney 'Constitutional Referendums: A Theoretical Enquiry' (2009) Modern Law Review 72(3) 360.
- P Norton, “The United Kingdom: Political Conflict, Parliamentary Scrutiny” in P. Norton (ed.), National Parliaments and the European Union (London: Frank Cass, 1996).
Referenda and the EU
- FA Cheneval, ‘“Caminante, no Hay Camino, se Hace Camino al Andar”: EU Citizenship, Direct Democracy and Treaty Ratification’ (2007) 13 European Law Journal 647.
- M Shu, ‘Referendums and the Political Constitutionalisation of the EU’ (2008) 14 European Law Journal 423.
- G Barrett, ‘Building a Swiss Chalet in an Irish Legal Landscape? Referendums on European Union Treaties in Ireland and the Impact of Supreme Court Jurisprudence’ (2009) 5 European Constitutional Law Review 32.