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Showing posts from August, 2019

How to end the Brexit chaos, a personal view

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The PM, unelected by voters or parliament, is threatening press ahead with no deal exit from the EU in defiance of MPs’ wishes. It's often assumed the PM alone has the power to decide whether to press ahead, request an extension or revoke the Article 50 notice. That's not true.

The constitutional position, reinforced by the Miller & Wilson cases, is that parliament has the sovereign power to decide and no act is legal without its approval. Parliament voted for Art50 in Mar 2017 and nothing can stop that now, so the argument goes. Not true.

No parliament can bind its successors & it's perfectly possible for the current parliament to pass an Act to repeal earlier statutes & revoke the Article50 notice.

But surely the PM alone has the power to issue a revocation notice? Not true. Parliament can decide who may issue notice on its behalf, when & how it's done.

If parliament decided the person who sweeps the floor is authorised to issue notice to the EU then…