The rule of law

About Brexit! "They've got to listen now." Maybe not.

  1. Here's David Allen Green on what's required to make an Article 50 notice
  2. David argues that Article 50 notification can be performed under Royal Prerogative
  3. And here's a paper by some Barber, Hickman & King, at the UK Constitutional Law Association on why Royal Prerogative is not enough, in fact, an Act of Parliament would be required. They argue that the whole of our political history has been Parliament vs. Crown; the remaining royal prerogative cannot be used to overturn statute law. They argue that an Article 50 notification would usurp the European Communities and European Parliament Acts and thus must be supported by an amending Act of Parliament.
  4. The devolution statutes entrench the Assemblies and so any enabling legislation would need to amend those laws too.
  5. This is explored by Prof Mark Elliot who states that while in order to decide within UK constitutional arrangements, the assemblies must be consulted, they have no veto.
  6. Mind you Professor Elliot agrees with Allen Green that Royal Prerogative is sufficient authority and I find the Barber, Hickman, King argument compelling.
  7. Jo Murkens argues that it would be legally possible to legislate to overcome the devolution statutes, which would need to be done to leave the EU; the political cost would be astronomic, jeopardising the Union with Scotland and the peace process in Northern Ireland.
  8. justice #2
    justice #2
  9. @flickr CC Esther S. 2007 BY-NC-SA