Abstract
The UK has left the EU, and in the European Union (Withdrawal) Act 2018 it has legislated to manage withdrawal. The EUWA takes a snapshot of EU law, domesticates it as “retained EU law”, and establishes how it operates in a backward-facing way on prior domestic law. This article examines constitutionally significant dimensions – forward-facing and backward-facing – of this legislative picture. First, retained EU law arguably has important forward-facing ramifications vis-a-vis future Acts of Parliament. Second, there are dramatic constitutional implications of the EUWA’s backward-facing operation – particularly in what it illustrates about Parliament’s power to reorder relations between prior statutes in a wide-ranging and systematic way.
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