Tag: European Union (Withdrawal) Act 2019
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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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Aris Georgopoulos: The Melting of Constitutional “Glaciers”: Miller 2 and the Prerogative Powers of Government
The purpose of this piece is to examine the legal and constitutional implications of the Miller 2 Judgment. I will focus on two aspects of the Judgment. First, the reasoning of the Court in setting and applying the standard for examining the five-week prorogation’s impact. Second, the Court’s approach concerning the examination of the reasons…
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Robert Craig: What Could Happen Next If the Government Resigns Rather than Send the Letter to the EU?
This post follows on from a previous piece where I attempted to set out the general rules, and a flowchart, to create a route map in the event of a vote of no confidence. This post seeks to address the narrower question of what could happen if the Prime Minister (‘PM’) refused to send the…
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Alison Young: Taking (Back) Control?
In his insightful post, David Howarth set out a conflict between two visions of democracy: Westminster and Whitehall. The Westminster vision favours Parliament (particularly the House of Commons), drawing on Parliament’s democratic credentials, the sovereignty of Parliament and the ultimate constitutional convention that a Government only holds power to the extent that it enjoys the…