A brief note on the EU Referendum

Ilaine Foster
Senior Lecturer in Law at the University of Hertfordshire 

With the current media discussion of post -‘Brexit’ consequences, there is considerable legal uncertainty about what exactly will happen next. The general public prior to the vote appeared to see a “Leave” vote as a fait accompli and that things would change immediately. As there is no precedent for a country leaving the EU; the actual process of such a decision is new territory. The European Union Referendum Act 2015, which provided for the holding of the referendum, was silent on what the consequences of a vote to leave would be.  There are current legal concerns from the legal community regarding legal nature of the referendum.[1] In most countries, referendums are non-binding due to issues of sovereignty, although in some countries such as Austria, Sweden and Iceland, referendums which are binding on the government are possible. Thus the status of the current UK referendum result has to be considered in the context of our own unwritten constitution and constitutional law. Continue reading “A brief note on the EU Referendum”

Do the airstrikes in Syria have a legal justification?

Miranda Nixon and Abroo Khan
1st year undergraduate students in Law

On 2nd December 2015, Parliament voted in favour of a government motion to extend airstrikes to Syria from Iraq against the extremist group ISIS. A few hours later, the first airstrikes were carried out with a second dose followed up soon after. After the 2013 vote against military intervention in Syria have recent events such as the Paris attacks and the November UN resolution[1] changed the legality and the stance on attacking Syria?

Continue reading “Do the airstrikes in Syria have a legal justification?”

Reflecting on the qualified EU law primacy in the UK constitutional law

Elise Tai
Undergraduate Law Student, University of Hertfordshire, School of Law

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In a recent blog post, Elliot reflects on the HS2 case in regards to a hierarchy of domestic constitutional norms and the qualified primacy of EU law. He addresses one aspect of the decision concerning the construction of the proposed “HS2” high-speed rail network, dicta in regards to the relationship between the UK and EU Law, as well as the nature of the UK’s constitutional order. Continue reading “Reflecting on the qualified EU law primacy in the UK constitutional law”