Brexit

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Amidst the current, noisy, political debate about ‘bonanzas’ and ‘power grabs’ there is some measure of consensus between the UK and Scottish Governments as regards the need for (and value of) UK-wide ‘common frameworks’ post-Brexit, especially in relation to the functioning of markets within the UK.  However, as Shepherd and Wedderburn's Gordon Downie explains, what might be described as the opening negotiating positions of the UK and Scottish Governments reveal wide differences on the scope and content of these new common frameworks, and on the constitutional mechanics that should u
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The EU Withdrawal Bill passed its first parliamentary hurdle in the House of Commons on Monday night. On Tuesday, both the Scottish Government and the Welsh Government tabled legislative consent memorandums making clear their opposition to the Bill as it stands. Professor Nicola McEwen highlights the key issues at stake for devolution, and considers some next steps.

 

What’s the issue?

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Prime Minister Theresa May’s Brexit ‘red line’ on a role for the European Court of Justice has been a major source of complication in the early stages of the negotiations, writes Tobias Lock. Analysing the recent UK government negotiating paper on dispute resolution, he argues that its shift in emphasis from no ECJ jurisdiction to no ‘direct’ jurisdiction could prove significant and enable an eventual compromise with the EU to be found.

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It will be difficult for the Isle of Man to resolve its post-Brexit relationship with the EU, says Prof Michael Keating, until Britain's position is clearer. 
 
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Michael Keating considers the EU Withdrawal bill and explains that it has sizable implications for the future of devolution and the UK constitution more generally. 
 
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