Richard Gordon QC and Tom Pascoe have published a paper on the legislative process of preparing for Brexit. The paper follows the release of the government’s White Paper on the Great Repeal Bill on 30 March 2017. It examines the major constitutional implications of the Bill, including the anticipated use of extensive Henry VIII powers to ‘repair’ EU law after Brexit, the status of EU case law after Brexit day and the effect of devolution on the Bill. It also sets out three further legislative models for preserving EU law, and describes the way in which these may be used alongside a Great Repeal Bill to ensure that the law operates coherently after the UK’s departure from the EU.
The paper appears here.