One further small step for Parliamentary Sovereignty against authoritarianism

Once again Parliament has voted decisively against a No Deal Brexit without its consent, another victory for the overriding constitutional principle of Parliamentary Sovereignty against the threatened abuse of power by the executive. This time it was to make it very difficult to force through a No Deal Brexit by proroguing Parliament. This still does not prevent a No Deal Brexit but it makes it very clear what Parliament’s position … Read more

Can a No Deal Tory government be formed and will it last long?

With the election of a hard-Brexit supporting Tory leader, the question arises as to whether he will be able to form a government and how long it will last. In particular Johnson has refused to rule out a No Deal Brexit by 31 October and certain of his party have said that in that case they would vote to bring his government down. Two constitutionalists have said that he might … Read more

Parliament makes a stand for democracy

Over the last two days there have been two important votes in Parliament on Brexit that have potentially reasserted the power of Parliament in relation to the executive. As the Brexit endgame is being played out, the issue of Britain’s independence, real or nominal, has become wrapped up with the nature and extent of democracy in the UK. These issues take us to the very heart of representative government in … Read more

Avoiding the slow-motion Brexit train crash

The slow motion train crash that is Brexit is gradually speeding up as the deadline for an agreement with the EU gets closer and yet the political situation in the UK remains deadlocked. May’s government has, after months of wrangling between ministers, finally produced a White Paper of an outline of a proposal for a trade negotiation with the EU, only to see it widely criticised as either unworkable or … Read more

Brexit risks – Bad things happen when good people do nothing

The Brexit risks multiply. As Theresa May and her team consider their options for Brexit, and lawyers prepare their arguments for next week’s Supreme Court hearing on Parliamentary sovereignty and the Brexit trigger, the clock ticks closer to the moment when Article 50 will be set in motion and the count-down on Brexit will start. More and more observers agree that we are faced with an enormous and unprecedented political … Read more