Conference: France-United Kingdom – Two Constitutions After Brexit & More News Here

twenty sixth May 2022

On Friday 13 May, The Constitution Society held a convention on the French Senate in Paris a spread of topical constitutional points – from the Northern Ireland Protocol to retained EU legislation. Recordings from the varied panels and talks given on the occasion, which was organised in collaboration with Dr Sophie Loussouarn from Amiens University, could be discovered under.

Panel one: Northern Ireland’s constitutional previous and contested current

In this panel, Professor Katy Hayward, Dr Sean Newman and Dr Lisa Whitten talk about Northern Ireland’s constitutional previous and current within the context of the Northern Ireland Assembly elections on 5 May 2022, wherein Sinn Féin received essentially the most seats for the primary time. The Democratic Unionist Party subsequently refused to return to power-sharing authorities, citing a scarcity of change to the Northern Ireland Protocol.

First, Dr Newman seems again at Northern Ireland’s historical past, figuring out a lot of themes that proceed to outline and affect up to date politics. He explores the best way wherein historical past defines group relations and political allegiances in Northern Ireland – which has led to distinctive and precarious constitutional preparations and an uneasy and ever-changing relationship with the uncodified structure of the UK.

Second, Dr Whitten seems particularly on the impression of the UK’s withdrawal from the European Union on Northern Ireland, arguing that the method has modified Northern Ireland from being a ‘frontier place’ to a ‘fulcrum place’. She proposes that the tensions over Northern Ireland’s post-Brexit preparations could be understood as a consequence of tensions between two completely different traditions of constitutional growth – the standard British constitutional mannequin, with its emphasis on political decision-making, and the extra authorized constitutional orientation of the European integration challenge.

Third, Professor Katy Hayward addresses the query of whether or not there must be a ballot on Irish unification. She seems to the textual content of the Belfast/Good Friday Agreement, highlighting the circumstances relating to a border ballot that are made clear within the Agreement and people which might be left ambiguous – together with, crucially, the grounds on which the Secretary of State for Northern Ireland would decide that it’s doubtless there’s a majority in favour of a united Ireland.

Speaker 1: Dr Seán Bernard Newman was a Research Fellow at The Constitution Society between September 2021 and January 2022.

Speaker 2: Dr Lisa Claire Whitten is a Research Fellow on the ESRC-funded challenge ‘Governance for a ‘place between’: the Multi-Level Dynamics of Implementing the Protocol on Ireland/Northern Ireland’ primarily based at Queen’s University Belfast.

Speaker 3: Katy Hayward is Professor of Political Sociology at Queen’s University Belfast and a Senior Fellow of the UK in a Changing Europe assume tank.

Panel two: Scotland and the way forward for the Union after Brexit

In this panel, Professor Sir John Curtice, Reuben Duffy, Professor Nicola McEwan and Professor Aileen McHarg have a look at the state of Scottish devolution, exploring the impression of Brexit and the prospect of a second referendum on independence.

First, Professor McEwen explores the impression of Brexit on intergovernmental relations, highlighting the deterioration of relations between the UK and Scottish governments through the withdrawal course of and within the context of the controversial UK Internal Market Act. She concludes that whereas new equipment to help intergovernmental relations is optimistic, this must be accompanied by a change in political tradition to be made efficient.

Second, Professor McHarg examines the authorized points across the prospect of a second referendum on Scottish independence, exhibiting how the method has grow to be caught regardless of the Scottish National Party’s dedication to legislating for a second referendum. She concludes that the answer to the authorized downside of whether or not the Scottish authorities can name such a referendum is basically political.

Third, Professor Curtice units out how public attitudes in direction of Scottish independence have shifted between 2014 and the current day. He reveals that Brexit has had a big impression on attitudes, shifting those that voted stay in direction of independence and those that voted for Brexit in direction of staying within the UK. He concludes that Scotland is now extremely politically polarised alongside unionist-nationalist strains.

Finally, Reuben Duffy talks about Scotland’s place on this planet. He observes that Scotland has lengthy had a definite worldwide function and that this has solely developed additional since devolution. He argues that Scotland must be formally accorded an autonomous international coverage function, in keeping with sub-state actors in different union states, and that this must be accompanied by an improved framework of cooperation with the UK authorities.

Speaker 1: Nicola McEwen is Professor of Territorial Politics at Edinburgh University.

Speaker 2: Aileen McHarg is Professor of Public Law and Human Rights at Durham Law School.

Speaker 3: Sir John Curtice is Professor of Politics at Strathclyde University and a Senior Fellow on the National Centre for Social Research.

Speaker 4: Reuben Duffy was a Research Fellow at The Constitution Society between September 2021 and January 2022.

Keynote: Professor Alan Sked

In this discuss, Professor Alan Sked supplies a world historic perspective on the UK’s place in Europe and exit from the European Union. He describes what historians have known as the ‘European miracle’ of financial, political and cultural development between 1000 and 2000AD, which he argues was attributable to Europe’s disunity and variety.

Professor Sked additionally supplies his views on why the UK joined the European Economic Community in 1973 and the mixture of things that led to Brexit underneath Boris Johnson. He proposes that Brexit has allowed Britain to regain its sovereignty and assume its historic function in European affairs.

Alan Sked is Emeritus Professor of International History on the London School of Economics and Political Science and a world knowledgeable on the Habsburg Monarchy. Outside of academia, he stood as a parliamentary candidate on a number of events, for the primary time in 1970 as a candidate for the Liberal Party. In 1991, he based the Anti-Federalist League (AFL), a Eurosceptic, anti-European Community social gathering which contested seats on the 1992 normal election. In 1993, the AFL modified its identify to the UK Independence Party (UKIP). Alan was chief till 1997, when he resigned citing the rising affect of far-right parts within the social gathering and the choice to take up seats within the European Parliament, ought to they be received. Thereafter, he grew to become a number one critic of the social gathering. Indeed, Nigel Farage would name him his ‘biggest enemy’.

Panel three: EU legislation and governance within the UK after Brexit

In this panel, Professor Catherine Barnard and Professor Alison Young talk about the federal government’s plans for retained European Union legislation, introduced within the Queen’s Speech on 10 May 2022.

Professor Barnard first outlines what retained EU legislation is, explaining what is supposed by supremacy and the distinction between retained EU legislation, retained EU case legislation and retained normal rules. She highlights that regardless of the implication of the federal government’s announcement on retained EU legislation, there may be nothing which means it may’t already be amended, repealed or changed.

Next up, Professor Young explores the federal government’s current promise to introduce a ‘Brexit Freedoms Bill’ to make sure ‘that retained EU law can be amended, repealed or replaced’ and do away with its supremacy. She argues for a policy-specific method that protects authorized certainty and doesn’t side-step parliamentary scrutiny and over-empower the manager.

Speaker 1: Catherine Barnard is Professor of European and Employment Law on the University of Cambridge and Deputy Director of the UK in a Changing Europe assume tank.

Speaker 2: Alison Young is Sir David Williams Professor of Public Law at Cambridge, a Fellow of Robinson College and Director of the Centre for Public Law.

The Constitution Society is dedicated to the promotion of knowledgeable debate and is politically neutral. Any views expressed on the convention are the private views of the speaker and never these of The Constitution Society.

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