Paul Craig
- Published in print:
- 2020
- Published Online:
- December 2020
- ISBN:
- 9780198848356
- eISBN:
- 9780191882883
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198848356.003.0004
- Subject:
- Law, Constitutional and Administrative Law, EU Law
This chapter assesses the ratification of the Withdrawal Agreement by clarifying the means by which the UK and the EU gave effect to the exit treaty. It begins by looking at the ratification and ...
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This chapter assesses the ratification of the Withdrawal Agreement by clarifying the means by which the UK and the EU gave effect to the exit treaty. It begins by looking at the ratification and legal implementation from the UK legal perspective. The UK is a dualist country as regards the relation between treaties and UK law. A treaty may therefore bind the UK at the international level, but will have no effect in UK domestic law unless and until it is ratified and incorporated into UK law via statute. The chapter sets out the foundational principles concerning dualism and explains the process through which the UK implemented the Withdrawal Agreement so as to satisfy the dualist precept. It also considers the interconnection between the EU Withdrawal Act 2018 and the EU Withdrawal Agreement Act 2020. The chapter then examines the ratification and its legal consequences from the EU perspective.Less
This chapter assesses the ratification of the Withdrawal Agreement by clarifying the means by which the UK and the EU gave effect to the exit treaty. It begins by looking at the ratification and legal implementation from the UK legal perspective. The UK is a dualist country as regards the relation between treaties and UK law. A treaty may therefore bind the UK at the international level, but will have no effect in UK domestic law unless and until it is ratified and incorporated into UK law via statute. The chapter sets out the foundational principles concerning dualism and explains the process through which the UK implemented the Withdrawal Agreement so as to satisfy the dualist precept. It also considers the interconnection between the EU Withdrawal Act 2018 and the EU Withdrawal Agreement Act 2020. The chapter then examines the ratification and its legal consequences from the EU perspective.
Sionaidh Douglas-Scott
- Published in print:
- 2020
- Published Online:
- December 2020
- ISBN:
- 9780198848356
- eISBN:
- 9780191882883
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/oso/9780198848356.003.0011
- Subject:
- Law, Constitutional and Administrative Law, EU Law
This chapter evaluates how Brexit and the withdrawal negotiations impacted the UK system of devolved governance. The focus is on devolution because the voices of the three devolved nations — ...
More
This chapter evaluates how Brexit and the withdrawal negotiations impacted the UK system of devolved governance. The focus is on devolution because the voices of the three devolved nations — Scotland, Wales, and Northern Ireland — have been too much ignored in Brexit manoeuvres, especially given Scotland and Northern Ireland voted in the Referendum to remain in the EU. The chapter then details the key points of the EU Withdrawal Act 2018 (EUWA) and EU Withdrawal Agreement Act 2020 (WAA), and looks at how Brexit will impact devolution. It also discusses the status of the UK’s existing territorial constitution. Finally, the chapter describes a possible federal future for the UK, and considers scenarios of regional independence.Less
This chapter evaluates how Brexit and the withdrawal negotiations impacted the UK system of devolved governance. The focus is on devolution because the voices of the three devolved nations — Scotland, Wales, and Northern Ireland — have been too much ignored in Brexit manoeuvres, especially given Scotland and Northern Ireland voted in the Referendum to remain in the EU. The chapter then details the key points of the EU Withdrawal Act 2018 (EUWA) and EU Withdrawal Agreement Act 2020 (WAA), and looks at how Brexit will impact devolution. It also discusses the status of the UK’s existing territorial constitution. Finally, the chapter describes a possible federal future for the UK, and considers scenarios of regional independence.
