Tag: EU (Withdrawal) (No.2) Act 2019
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Jeff King: The Prime Minister’s Constitutional Options after the Benn Act: Part II
This is the second of a two-part discussion of this theme. The first part addressed the obligations under the Benn Act and the legal response to attempts to frustrate it; this second part addresses non-confidence motions, resignation and change of Government. Heading numbering is continued from Part 1. 5. Non-confidence procedure under the FTPA –…
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Jeff King: The Prime Minister’s Constitutional Options after the Benn Act: Part I
This is the first of a two-part discussion of this theme. This first part addresses the obligations under the Benn Act and the legal response to attempts to frustrate it; the second part will address non-confidence motions, resignation and change of Government. There has been significant confusion about options open to Government and the opposition…
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Michael Detmold: The Monarch in the Room
(Let’s be clear. Why is an Australian constitutional lawyer writing about the UK Constitution? It’s simple. She’s our Queen, too.) The Court in Miller/Cherry (at 35) distinguished between the question ‘whether a prerogative power exists’ and ‘whether, granted that a prerogative power exists, and that it has been exercised within its limits, the exercise of…
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Krishan Nadesan: Asking the Impossible: Benn, Kinnock and Extending Article 50
Boris Johnson seems caught in an impossible bind. The European Union (Withdrawal) (No. 2) Act – the Benn Act for short – obliges him to seek an extension of Article 50 on 19 October. He can extend, honour the law, but break his promises. He can refuse to extend, honour his promises, but break the…
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Mike Gordon: The Prorogation Case and the Political Constitution
The decision of the Supreme Court in Cherry / Miller (No.2) [2019] UKSC 41 has been heralded as a significant moment in our constitutional history, a case which will be regarded as a defining part of the fabric of our constitution for centuries to come. Whether it will live up to this billing is a…
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Michael Detmold: The Unconstitutional Brexit Letter
1. Responsible Government Parliament is an institution of responsible government. The essence of the common law principle of responsible government is the constitution of a regime of confidence: a government is required to carry the confidence of Parliament. This is the fundamental connexion of the executive (the Government) to the Parliament. The European Union (Withdrawal)…
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Oliver Garner: The Benn-Burt Extension Act: A roadblock to a No-deal Brexit?
Introduction: extension and the Rule of Law On 9 September, the EU (Withdrawal) (No.2) Act 2019 (‘Benn-Burt Extension Act’) received Royal Assent. The Benn-Burt Extension Act imposes a statutory duty upon the Prime Minister (if the relevant conditions are met) to request and accept an extension of the withdrawal negotiating period under Article 50(3) TEU. …