Next up is our panel session on ‘Brexit and the Constitution: still fit for purpose or broken?” Chaired by Prof Jeff King, with a lecture by Sir Jeffrey Jowell followed by replies form Prof. Richard Ekins, Kate O’Regan and Alexandra Runswick. #JRTrends2018 
Sir Jeffrey Jowell of @BlackstoneChbrs begins his lecture with a tribute to his friend Sir Henry Brooke and particularly notes his important work as Chair of the Law Commission
JJ: “Brexit is an unexpected stress test of our uncodified constitution and it has been found to be wanting” #JRTrends2018
JJ: there is force in the argument that referendum results have a higher order status and their outcome, at least for some time, should be shielded. Referendum has been a massive challenge to our constitution #JRTrends2018
JJ: MPs are starting to reassert their sovereignty that Miller made clear that they have #JRTrends2018
JJ: broad insecurity about constitutional values demonstrated by Henry VIII clauses in Withdrawal Act #JRTrends2018
JJ: conventions are often called the yeast in our constitutional dough🍞. Constitutional function easily dispensed with and disputed during Brexit process. #JRTrends2018
Now it’s Prof Richard Ekins from @judicialpwr and @OxfordLawFac. RE: Brexit was a reasonable question to put to the people and should be honoured. Miller litigation should have failed and executive was not misusing its powers.#JRTrends2018
JE: departing from treaties/Brexit provides domestic legislative freedom. U.K. perfectly capable of self-governance without interference. 🔥 of rights not inevitable. Caveat: devolution #JRTrends2018
RE: indirect consequences of Brexit. Logic of leaving EU extends, with less force, to leaving ECHR.
Next up is Prof Kate O’Regan from @BonaveroIHR. Speaking from comparative constitutional perspective and her experiences as a Judge of the Constitutional Court of South Africa 1) in many other jurisdictions, Henry VIII clauses are unconstitutional 2) however,...
2) even where Henry VIII clauses are lawful they tend to be interpreted restrictively by courts (PLP v Lord Chancellor)- principles of democracy underly 3) power remains with legislature to scrutinise executive’s use of these power- true with the Withdrawal Act #JRTrends18
Next up is @AlexRunswick from @UnlockDemocracy. AR: Public has no real place in constitution and very few people know what it is. We need a deliberative, citizen-led constitutional conversation similar to what has taken place in Ireland #JRTrends2018
@AlexRunswick : the UK needs a “we the people moment” to build a constitutional culture. Many people don’t know what the constitution is, that includes MPs. #JRTrends2018
.@AlexRunswick closes by saying that to @UnlockDemocracy, we need a constitution written by and for the people. #JRTrends2018
Back to JJ: no constitutional due diligence before referendum. Nobody asked whether it should be binding beforehand. Nobody thought about whether there should be super majorities before significant constitutional change. We should have been much clearer and more careful.
Back to RE: Would have been unjust to set higher threshold for referendum. Was considered. Government was derelict. Courts not going to fix mess. #jrtrends2018
Responding to qs from floor. Kate O’Regan @BonaveroIHR refers to Jefferson’s statement that constitutions should last 19 years. Guess what the average age of constitutions today? 19 years. #JRTrends2018
