Monday , November 18 2019
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Tag Archives: Constitutional issues

Its new report blocked – so is the Office for Budget Responsibility really independent?

Cabinet Secretary Mark Sedwill has in our view acted unlawfully in ‘advising’ or ‘ordering’ the Office for Budget Responsibility not to publish its report on technical changes in relation to its March 2019 fiscal and economic forecast, due out today.  By giving way, the OBR has helped to undermine its own independence. The only winner is the...

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The Great Brexit Wrench

The Progressive Economy Forum today launched its new report, “The Great Brexit Wrench”, on the economic and political implications of Brexit. The report is by PRIME’s co-director Jeremy Smith, and looks at the background to and implications of Brexit from many different angles. It argues that there is no form of Brexit which will have a positive...

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UK Supreme Court – Johnson has ignored his “constitutional responsibility” as Prime Minister

So the UK Supreme Court (a bench of 11 judges) has delivered its judgment. Unaninmously. The prorogation of Parliament, based on the unlawful advice of Prime Minister Johnson, even if in form an act of the Queen, was null and void and of no effect.A couple of weeks ago, I concluded my post on The Rogue Prorogation and the English-Scottish judicial divide with these words:Whether the (UK) Supreme Court will be willing to go quite as far in making inferences of fact so...

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Brexit Agreement: a bad deal, a worse Protocol – time to consult the people!

The main body of the draft Withdrawal Agreement is certainly long and detailed – a tribute to the efficiency of the EU’s legal services – but it mainly contains the sort of provisions one would expect for the terms of the separation, and for issues that straddle the departure timeline.  There is a transition phase to 31 December 2020, which can be extended, when EU law continues to apply, and the European Court of Justice still has jurisdiction. Citizen’s rights (relating to...

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What Question(s) for a “People’s Vote” Referendum?

The calls for a “People’s Vote” on the government’s proposed Brexit ‘deal’ (if indeed there is one) grow louder, but are especially contentious for the Labour Party, whose membership is more minded to “remain” than the public at large, which still seems fairly evenly split. But the call for a People’s Vote is not so straightforward, partly now in...

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The best UK/EU transition plan? If we can, extend the Article 50 period

On 30th June 2016, just one week after the EU Referendum, I wrote this:It has swiftly become clear, if it were not already so, that neither the government nor the leaders of the Brexit campaigns had anything resembling a plan for what to do if the people voted in favour of leaving the EU.  As Mark Carney rather mordantly put it in his speech...

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