Search results for "barczentewicz" | Judicial Power Project

Mikolaj Barczentewicz: Latest Supreme Court judgment shows why the EU Charter must be axed

19 Oct 2017 | Posts

On 18 October, the Supreme Court decided in Benkharbouche to uphold a judgment of the Court of Appeal ordering disapplication of some provisions of the State Immunity Act 1978 because of their incompatibility with the EU Charter of Fundamental Rights. The Court also...

Mikolaj Barczentewicz: Taking the principle of legality too far

25 Jan 2017 | Uncategorized

The majority of the Supreme Court in Miller decided to uphold the High Court judgment. They did so relying mainly on their construction of the European Communities Act 1972. This was the right approach to take, but the majority executed it in ways incompatible with...

Mikołaj Barczentewicz: The Core Issue in Miller: The Relevance of Section 1 of the 1972 Act

4 Jan 2017 | Brexit and Judicial Power, Posts, Publications, Publications: Brexit and Judicial Power

Download paper The legal controversy in the Miller case may now be distilled in the following way. The government argues that it has a general power to withdraw from treaties, which it certainly does. The claimants argue that the executive does not have a power to...

Mikołaj Barczentewicz: What is the Government really arguing in the Article 50 litigation? A response to Mark Elliott

5 Oct 2016 | Posts

The litigation on the lawfulness of any Government notification of a decision to leave the European Union without specific prior authorisation in an Act of Parliament is of high legal and political significance. It is therefore right that the submissions of the...

Mikolaj Barczentewicz: The Legal Duty of UK Officials to Comply with International Law – A Response to Dapo Akande and Eirik Bjorge

16 Dec 2015 | Posts

In a thought-provoking post on the UK Constitutional Law Association Blog, Dapo Akande and Eirik Bjorge take issue with the defence offered by Richard Ekins and Guglielmo Verdirame of the recent change in the wording of the Ministerial Code. The change in question...

Mikolaj Barczentewicz: Judicial Power, the EU and the UK

26 Nov 2015 | Posts

In a new blog for the Judicial Power Project, Mikolaj Barczentewicz, a Lecturer in Law at the University of Oxford’s Jesus College, looks at the relationship between national law and EU law. Barczentewicz writes that UK domestic courts have never accepted that EU law...

Miller Supreme Court Judgment: Expert Reactions

25 Jan 2017 | Posts

Editor’s Note: Policy Exchange’s Judicial Power Project invited leading academics and practitioners to offer short comments on the Supreme Court’s decision on Article 50 in R(Miller and Dos Santos) v Secretary of State for Exiting the EU. We sought contributions from...