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Table of Contents

  1. Acknowledgments
  2. Chapter one: Defining the constitution
  3. Chapter two: Parliamentary sovereignty
  4. Chapter three: The rule of law and the separation of powers
  5. Chapter four: The royal prerogative
  6. Chapter five: The House of Commons
  7. Chapter six: The House of Lords
  8. Chapter seven: The electoral system
  9. Chapter eight: Parliamentary privilege
  10. Chapter nine: Constitutional conventions
  11. Chapter ten: Local government
  12. Chapter eleven: Parliamentary sovereignty within the European Union
  13. Chapter twelve: The governance of Scotland and Wales
  14. Chapter thirteen: Substantive grounds of judicial review 1: illegality, irrationality and proportionality
  15. Chapter fourteen: Procedural grounds of judicial review
  16. Chapter fifteen: Challenging governmental decisions: the process
  17. Chapter sixteen: Locus standi
  18. Chapter seventeen: Human rights I: Traditional perspectives
  19. Chapter eighteen: Human rights II: Emergent principles
  20. Chapter nineteen: Human rights III: New substantive grounds of review
  21. Chapter twenty: Human rights IV: The Human Rights Act 1998
  22. Chapter twenty-one: Human rights V: The impact of The Human Rights Act 1998
  23. Chapter twenty-two: Human rights VI: Governmental powers of arrest and detention
  24. Chapter twenty-three: Leaving the European Union
    1. Treaty of Lisbon Art 50
    2. The European Union Referendum Act 2015
    3. R (Miller and another) v Secretary of State for Exiting the European Union [2016] EWHC 2768 (Admin) [2017] 2 WLR 583
    4. R (Miller and another) v Secretary of State for Exiting the European Union [2017] UKSC 5; [2017] 2 WLR 583
    5. The European Union (Withdrawal) Bill 2017

The European Union (Withdrawal) Bill 2017

1. Repeal of the European Communities Act 1972

The European Communities Act 1972 is repealed on exit day.

2. Saving for EU-derived domestic legislation

(1) EU-derived domestic legislation, as it has effect in domestic law immediately before exit day, continues to have effect in domestic law on and after exit day....

3. Incorporation of direct EU legislation

(1) Direct EU legislation, so far as operative immediately before exit day, forms part of domestic law on and after exit day....

6. Interpretation of retained EU law

(1) A court or tribunal-

(a) is not bound by any principles laid down, or any decisions made, on or after exit day by the European Court, and

(b) cannot refer any matter to the European Court on or after exit day.

(2) A court or tribunal need not have regard to anything done on or after exit day by the European Court, another EU entity or the EU but may do so if it considers it appropriate to do so.

(3) Any question as to the validity, meaning or effect of any retained EU law is to be decided, so far as that law is unmodified on or after exit day and so far as they are relevant to it-

(a) in accordance with any retained case law and any retained general principles of EU law, and

(b) having regard (among other things) to the limits, immediately befor eexit day, of EU competences.

(4) But-

(a) the Supreme Court is not bound by any retained EU case law...

7. Dealing with deficiencies arising from withdrawal

(1) A Minister of the Crown may by regulations make such provision as the Minister considers appropriate to prevent, remedy or mitigate-

(a) any failure of retained EU law to operate effectively, or

(b) any other deficiency in retained EU law, arising from the withdrawal of the United Kingdom from the EU.....

(6) But regulations under this section may not-

(a) impose or increase taxation,

(b) make retrospective provision,

(c) create a relevant criminal offence,

(d) be made to implement the withdrawal agreement,

(e) amend, repeal or revoke the Human Rights Act 1998 or any subordinate legislation made under it.....

9. Implementing the withdrawal agreement

(1) A Minister of the Crown may by regulations make such provision as the Minister considers appropriate for the purposes of implementing the withdrawal agreement if the Minister considers that such provision should be in force on or before exit day.

(2) Regulations under this section may make any provision that could be made by an Act of Parliament (including modifying this Act).

(3) But regulations under this section may not-

(a) impose or increase taxation,

(b) make retrospective provision,

(c) create a relevant criminal offence, or

(d) amend, repeal or revoke the Human Rights Act 1998 or any subordinate legislation made under it....

17. Consequential and transitional provision

(1) A Minister of the Crown may by regulations make such provision as the Minister considers appropriate in consequence of this Act.

(2) The power to make regulations under subsection (1) may (among other things) be exercised by modifying any provision made by or under an enactment....