POSTS BY Michael Wilkinson

A Constitutionally Momentous Judgment That Changes Practically Nothing?

The Supreme Court’s judgment in Cherry/Miller (No 2) that the prorogation of Parliament was unlawful, null and of no effect was a bold move as a matter of public law. It represents a constitutional court willing to assert its authority as guardian of the constitution. But although potentially of long-term constitutional moment, it changes very little with regard to the fundamental constitutional and political issue of Britain’s membership of the European Union.

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A Crisis Made in Italy

The recent crisis surrounding the Italian President’s refusal to appoint a Finance Minister considered likely to pursue an agenda of ‘Italexit’ has sparked a great deal of constitutional commentary. Two particular threads of opinion are identified here and some doubts cast about them. On the one hand, there are those who consider legitimate the President’s discretionary use of power, partly in light of the pressure that would be brought to bear by the financial markets should Italy opt for exiting the single currency. On the other hand, there are those who doubt its wisdom, and offer a broader indictment of the pressure brought to bear on the Italian government as a result of being in an overly rigid Eurozone. This gets closer to diagnosing the condition, but in its ambiguity about the pressure point, fails to underscore that this is essentially a crisis made in Italy, and, if at all, to be resolved there, including a full and frank debate about membership of the single currency and even the European Union.

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