Stephen Tierney's blog

At the same time as Parliament prepares to ‘take back control’ from Brussels, the executive is in fact accruing to itself further control over the legislative process. In this post I address a number of trends – only some of which are a direct consequence of the unique circumstances of Brexit – which suggest a deeper realignment of institutional power within the constitution and a consequent diminution of Parliament’s legislative power.

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In this blog Professor Tierney argues that the legality of a unilateral referendum organised by the Scottish Parliament is a grey area. He also offers personal reflections from his experience as a parliamentary adviser at the time of the 2014 referendum and contends that a referendum held without an agreed process would have been damaging then and would be damaging now. It is incumbent upon both governments to ensure that a political solution to the current dispute is achieved and that, in particular, such a divisive issue is not left to the courts to settle. 
 
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At the same time as Parliament prepares to ‘take back control’ from Brussels, the executive is in fact accruing to itself further control over the legislative process. In this post I address a number of trends – only some of which are a direct consequence of the unique circumstances of Brexit – whic... Read more
Post type: Blog entry
The House of Lords Constitution Committee has today published a comprehensive and critical report on the European Union (Withdrawal) Bill (‘the Bill’). The Bill’s second reading will begin in the Lords this week, with the Government committed to bringing forward amendments to the Bill’s provisions r... Read more
Post type: Blog entry
In an interim report on the European Union (Withdrawal) Bill, the House of Lords Constitution Committee has said that the “political, legal and constitutional significance of the Bill is unparalleled”. In this post, Mark Elliott and Stephen Tierney examine the main points made in the report and comm... Read more
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Posted orginally on the Academy of Government blog >> This post asks: what, if any, impact is a hung Parliament likely to have upon the relatively new House of Commons procedure known as ‘English Votes for English laws (EVEL)’? Will a minority Conservative Government, propped up by the DUP, fi... Read more
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In this blog Professor Tierney argues that the legality of a unilateral referendum organised by the Scottish Parliament is a grey area. He also offers personal reflections from his experience as a parliamentary adviser at the time of the 2014 referendum and contends that a referendum held without an... Read more
Post type: Blog entry
Stephen Tierney, University of Edinburgh, discusses how the next two years are set to be consumed by two parallel processes: We will see the UK leave the EU and could also see Scotland leave the UK in an effort to remain within the EU. This post originally appeared on the UK Constitutional Law blog.... Read more
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The Supreme Court's decision to exclude Holyrood from the decision to trigger Brexit only confirmed what we already knew, says Stephen Tierney - that conventions are not laws. However, the proposed Great Repeal Bill is an entirely different matter.    So Holyrood’s consent is not needed to trigger B... Read more
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Stephen Tierney suggests that the referendum outcome should be seen for what it is: a narrow but clear constitutional decision of the highest significance. This post originally appeared on the UK Constitutional Law Association blog. The past three weeks have seen a steady backlash against the refere... Read more
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Following the victory for Leave in the EU referendum, Prof Stephen Tierney sets out the next steps in the constitutional process.    Initially nothing: the referendum by itself does not change anything in legal terms. The UK remains a member of the European Union until it concludes negotiations on w... Read more
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Thursday’s election leaves the Anglo-Scottish Union on the brink. A combination of the first past the post system and the crystallisation of increasingly sharp attitudinal differences between England and Scotland has produced starkly divergent political systems which are now set to clash in the Hous... Read more
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Latest blogs

  • 20th July 2018

    Richard Parry reviews a fast-evolving situation as the march of time and need to reconcile rhetoric and practicality constrain policy-makers

  • 13th July 2018

    The White Paper published this week talks about the UK Government making ‘sovereign decisions’ to adopt European rules but, as we know from the experience of Norway and Switzerland, this can be an illusory sovereignty when the costs of deviating from the rules is exclusion from the single market or European programmes. CCC Director Professor Michael Keating looks at whether the UK is ready for this kind of deal.

  • 12th July 2018

    Last week the government released its fisheries white paper. While most of the fisheries and Brexit debate centres on quotas and access to waters, there is also an important devolution dimension. Brexit already has profound consequences for the UK’s devolution settlement and fisheries policy is one example of this. So, in addition to communicating its overall vision for post-Brexit fisheries policy, the white paper was also an opportunity for the government to set out how it would see that policy working in the devolved UK.

  • 4th July 2018

    At the same time as Parliament prepares to ‘take back control’ from Brussels, the executive is in fact accruing to itself further control over the legislative process. CCC Fellow Professor Stephen Tierney addresses a number of trends – only some of which are a direct consequence of the unique circumstances of Brexit – which suggest a deeper realignment of institutional power within the constitution and a consequent diminution of Parliament’s legislative power.

  • 27th June 2018

    Faced with a choice between splitting her Cabinet into winners and losers, Theresa May has sought to keep the Brexit crap game going. She does this by avoiding betting on either a hard or soft Brexit. Professor Richard Rose of Strathclyde looks at the high stakes outcomes facing the Prime Minister. .

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