Tag: constitutional silence
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David Howarth: On Parliamentary Silence
One of the most striking aspects of the arguments of counsel in Miller, as Rachel Jones has pointed out, was how much the disagreement between the parties focussed on the meaning of silence. The government’s case boiled down to an assertion that silence on the issue of whether legislation was needed to invoke Article 50…
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Rachel Jones: The Importance of Silences in the “Brexit” Appeals
“[T]here has been a longstanding resistance, as a matter of law, to the idea that legislative inaction or silence, filtered through a judicial stethoscope, can be made to sound out changes in the law’s lyrics – altering the prevailing patterns of rights, powers, or privileges that collectively constitute the message of our laws.” (Lawrence Tribe,…