新香港六合彩开奖结果

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新香港六合彩开奖结果Faculty of Laws

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Shaping the legal framework for Brexit

This case study is part of the 2021 REF submission in which 新香港六合彩开奖结果Laws was assessed as No.1 for research excellence in the UK.

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Since joining UCL, Professor Eeckhout, Professor King and Professor Hickman have undertaken research into EU and UK constitutional law, and the relationship between the two. With the prospect of Brexit, this research was developed further to address the urgent and novel legal questions raised by the 2016 Brexit referendum outcome and, in particular, to clarify the process by which the UK could notify the EU of its intention to withdraw from the EU (King and Hickman), and the revocability of that notification (Eeckhout).

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新香港六合彩开奖结果Laws contributed directly to shaping the legal framework for Brexit, triggering action leading to litigation, supporting legal advocacy, and informing landmark UK and EU judicial decision-making on fundamental constitutional norms at the heart of the Brexit process:听

  1. Research by Hickman and King (with Hickman part of Gina Miller鈥檚 legal team) developed arguments that prevailed in the landmark Miller I decision (Supreme Court, 2017), which established a critical UK constitutional requirement for Brexit: that the executive could not initiate withdrawal from the EU without an Act of Parliament.
  2. Research by Eeckhout (later joining the Wightman litigation team) developed a 鈥榗onstitutionalist鈥 reading of Article 50 TEU on which the Advocate-General and CJEU relied in the Wightman case (CJEU, 2018), establishing that a notification of EU withdrawal, once made, could later be unilaterally revoked by the UK.听

These decisions strengthened the role of the UK Parliament, developed key EU constitutional norms, and clarified the legal and political possibilities that remained open as the UK approached Brexit.

References to the research

Tom Hickman, 鈥楻evisiting Entick v Carrington: Seditious Libel and State Security in Eighteenth Century England鈥 in A Tomkins and P Scott (eds.), Entick v Carrington: 250 Years of the Rule of Law (Hart 2015), pp. 43鈥84.
Jeff King, Judging Social Rights (Cambridge University Press 2012).

Nick Barber, Tom Hickman and Jeff King, 鈥楶ulling the Article 50 鈥淭rigger鈥: Parliament鈥檚 Indispensable Role鈥, UK Constitutional Law Blog (27 June 2016), .

Piet Eeckhout and Eleni Frantziou, 鈥楤rexit and Article 50 TEU: A Constitutionalist Reading鈥 (2017) 54 Common Market Law Review 695鈥733.