scholarly journals Article 50 and Beyond

2019 ◽  
Vol 12 (1) ◽  
pp. 105-107
Author(s):  
Jonathan Wyatt

Written in early 2017, in the aftermath of the United Kingdom's vote in June 2016 to leave the European Union and the election, in November of that year, of Donald Trump to the U.S. presidency, this brief article argues for an activist scholarly ethic. The author calls himself and the qualitative inquiry community to (re)commit to urgent political and moral intent.

Diplomatica ◽  
2019 ◽  
Vol 1 (1) ◽  
pp. 113-126 ◽  
Author(s):  
Klaus Larres

The much-praised “special relationship” between the US and the UK has had little, if any, relevance for President Donald Trump. After the Brexit referendum of June 2016 Prime Minister Theresa May and many of the “Brexiteers” in the Conservative Party hoped that a rejuvenation of relations with the U.S., perhaps by means of free trade treaty, would counter-balance any loss of political and economic influence due to the UK’s departure from the European Union. Some of Trump’s rhetoric seemed to indicate this. He repeatedly praised the country for its desire to get back “its sovereignty” and “control over its borders.” In reality Trump was so focused on the realization of his “America First” policy that it was unlikely that he would be inclined to grant any special favors or generous trade terms to the UK, “special relationship” or not.


Author(s):  
Robert E. Goodin ◽  
Kai Spiekermann

This chapter reflects on the election of Donald Trump and the vote of the British electorate in favour of ‘Brexit’ from the European Union. While we refrain from judging the outcomes of these votes, we do discuss concerns pertaining to the lack of truthfulness in both campaigns. After rehearsing the lies on which the Trump and Brexit campaigns were based, we consider different explanations as to why these campaigns were nevertheless successful, and where this leaves the argument for epistemic democracy. Particularly worrisome are tendencies towards ‘epistemic insouciance’, ‘epistemic malevolence’, and ‘epistemic agnosticism’. We also consider the problematic influence of social media in terms of echo chambers and filter bubbles. The core argument in favour of epistemic democracy is that the pooling of votes by majority rule has epistemically beneficial properties, assuming certain conditions. If these assumptions are not met, or are systematically corrupted, then epistemic democracy is under threat.


1996 ◽  
Vol 59 (2) ◽  
pp. 167-174 ◽  
Author(s):  
EMILIO I. LÓPEZ-SABATER ◽  
JOSÉ J. RODRÍGUEZ-JEREZ ◽  
MANUELA HERNÁDEZ-HERRERO ◽  
ARTUR X. ROIG-SAGUÉS ◽  
MARIA T. MORA-VENTURA

Histamine production was studied during controlled tunafish decomposition at 0, 8, and 20°C. The influence of the location of the anatomic section on the amount of histamine formed and the incidence of histidine decarboxylating bacteria were also considered. By the time of sensory rejection, histamine levels in tunafish sections stored at 0 and 20°C were still below the hazard levels and the allowable levels established by both the U.S. Food and Drug Administration (FDA) and the European Union. Toxic amounts were only formed after the tunafish was considered organoleptically unsuitable for human consumption. However, at 8°C, levels of histamine between 100 and 200 mg/l00 g of fish were found before tuna reached the rejection point. Hence, physical appearance was not a good criterion for estimating the shelf life and especially the histamine-related health hazard when tuna was stored at 8°C, a common temperature in many home refrigerators.


2017 ◽  
Vol 111 (4) ◽  
pp. 1056-1062

In July 2015, Iran, the five permanent members of the UN Security Council, Germany, and the European Union adopted the Joint Comprehensive Plan of Action (JCPOA). Pursuant to that agreement, Iran committed to limiting the scope and content of its nuclear program in exchange for relief from various nuclear-related sanctions imposed by the other signatories. By law, the U.S. State Department is required to certify Iran's compliance with the agreement every ninety days. The Trump administration first certified Iran's compliance with the agreement in April 2017, albeit reluctantly. In its first certification, the Trump administration expressed ongoing concern about Iran's sponsorship of terrorism, and repeated previous criticism of the JCPOA as “fail[ing] to achieve the objective of a non-nuclear Iran.”


Author(s):  
Federico Fabbrini

This introductory chapter provides an overview of the Withdrawal Agreement of the United Kingdom (UK) from the European Union (EU). The Withdrawal Agreement, adopted on the basis of Article 50 Treaty on European Union (TEU), spells out the terms and conditions of the UK departure from the EU, including ground-breaking solutions to deal with the thorniest issues which emerged in the context of the withdrawal negotiations. Admittedly, the Withdrawal Agreement is only a part of the Brexit deal. The Agreement, in fact, is accompanied by a connected political declaration, which outlines the framework of future EU–UK relations. The chapter then offers a chronological summary of the process that led to the adoption of the Withdrawal Agreement, describing the crucial stages in the Brexit process — from the negotiations to the conclusion of a draft agreement and its rejection, to the extension and the participation of the UK to European Parliament (EP) elections, to the change of UK government and the ensuing constitutional crisis, to the new negotiations with the conclusion of a revised agreement, new extension, and new UK elections eventually leading to the departure of the UK from the EU.


Author(s):  
Thomas E. Webb

Essential Cases: Public Law provides a bridge between course textbooks and key case judgments. This case note summarizes the facts and decision in R (on the application of Miller) v Secretary of State for Exiting the European Union [2017] UKSC 5, Supreme Court. This case concerned whether the government could rely on the prerogative power to issue a notification of the United Kingdom’s intention to secede from the European Union under Article 50 of the Treaty of the European Union, or whether parliamentary authorization was required. There is also a brief discussion of the Sewel Convention. The document also includes supporting commentary from author Thomas Webb.


Author(s):  
Sandra Marco Colino

This chapter focuses on the current interaction between European Union and UK law. EU law is currently a source of UK law. However, the relationship between the two regimes is expected to change in the future as a consequence of the UK’s decision to withdraw from the EU. The European Union (Withdrawal) Act 2018 stipulates that the European Communities Act 1972 will be ‘repealed on exit day’, which would be 29 March 2019 provided that the two-year period since Article 50 TEU was triggered is not extended. Once the European Communities Act 1972 has been repealed, EU law will cease to be a source of UK law. No major immediate changes to the national competition legislation are to be expected, but future reforms could distance the UK system from the EU rules.


2019 ◽  
Vol 21 (2) ◽  
pp. 439-458 ◽  
Author(s):  
Jim McConalogue

The evidence from parliamentary and legal processes flowing from the European Union referendum in June 2016 and the vote to leave – including invoking Article 50 and subsequent Withdrawal Bill votes, nuancing of party positions in Parliament, adopting parliamentary scrutiny through ongoing party competition and subsequent legislation – suggests a strong resettling of Parliament’s sovereignty based on a potentially new, enhanced constitutional settlement. Two significant precedented, historical constitutional forms, strongly dependent upon Burke’s and Dicey’s view of government by consent, prove central to the further resettling of parliamentary sovereignty following the European Union referendum. This approach contrasts with theories asserting that sovereignty is being challenged by unwieldy executive authority, popular sovereignty, or democratic nostalgia. When the United Kingdom’s present day, post-1973 constitutional form is in conflict with a new feature, as in the case of the European Union referendum, a contemporary resettling of parliamentary sovereignty occurs.


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