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Cold Take: The EU Referendum Act should have included implementation provisions

For A Thing, I’ve been reading the court judgments in the controversial Brexit cases brought by Gina Miller.

The first of these was R (Miller) v Secretary of State for Exiting the European Union [2016] EWHC 2768 (Admin) and [2017] UKSC 5.

The outcome of the case is well known. Theresa May wanted to send the Article 50 notification to Brussels, and believed she could do so without recourse to parliament, because the making and breaking of treaties is a prerogative power. The claimants disagreed, saying that parliament had created new domestic rights and a new source of law when it enacted the European Communities Act 1972, which only parliament could undo.

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Brexit Silver Linings

A General Election has finally been called. The outcome is by no means certain but there is a good chance that Boris Johnson will secure a majority for the Conservative Party in the House of Commons. They will then be able to deliver Brexit.
Needless to say, I do not favour this outcome, for several reasons: I think exiting the EU is a bad idea; leaving under the current proposed ‘deal’ is one of the worst ways to do it; Scotland will vote for independence; and it’s utterly galling that Boris Johnson’s lies, incompetence and meanness of character might somehow result in political success.
If all that happened, what might be the silver linings around those dark clouds?
I can think of three.
Continue reading “Brexit Silver Linings”

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The Winston Churchill–Boris Johnson Analogy That No-one Talks About

Yesterday, Boris Johnson met the president of the European Commission, Jean-Claude Juncker. Together they seem to have injected a note of optimism into the Brexit talks. Apparently, Juncker’s comment that the precise terms of the Irish ‘backstop’ are negotiable, so long as all its objectives are met by other means, is a splinter in the EU’s otherwise straight bat.
Meanwhile, prominent ‘Lexiters’ Stephen Kinnock MP and Caroline Flint MP met with E.U. chief negotiator, Michel Barnier. On Newsnight later that evening, Kinnock reminded us that there is a large group of Labour MPs who are eager to vote for a Brexit ‘deal’. The same programme also reminded us that the twenty-one Conservative party MPs who lost the whip earlier this month did so because they were opposed to ‘No Deal.’ They too could vote for a Withdrawl Agreement. Continue reading “The Winston Churchill–Boris Johnson Analogy That No-one Talks About”

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“Just Get On With It” – The Laziest Possible Brexit Intervention

A common intervention in the Brexit debate—made by politicians, celebrities and in hoi polloi vox pops up and down the country—is that the British people want the politicians to ‘just get on with Brexit.’
Recent proponents of the phrase include David Attenborough and Lord Rose, who previously chaired the Remain campaign.
‘Just Get On With It’ has a beguiling charm. It’s a simple, memorable phrase, and it sounds pragmatic, down-to-earth and a little bit bolshy. That’s why so many people repeat it.
But simplicity is not a virtue when we’re talking about leaving the EU. ‘Just Get On With It’ is a solution for those people who either haven’t thought about the problem enough, or who do not care about the consequences of a rushed, half-cocked Brexit.
Either way, its an intellectually lazy argument, for many reasons. Let me count the ways… Continue reading ““Just Get On With It” – The Laziest Possible Brexit Intervention”