@RobertCraig3 @A50Challenge @RosChappell @Aceditor @davidallengreen @timonhd @Kurako76 @beccalamjig @oldmanbigkid @tfoale @acgrayling So, to resume a long time after the event, is it ok to run some ideas by you? (THREAD) In Webster the Court decided the decision to leave the EU was made by the PM under a power granted by EUNoWA. So there are 2 problems facing any challenge. Delay & justicability. @JMPSimor 1/?
@RobertCraig3 @A50Challenge @RosChappell @Aceditor @davidallengreen @timonhd @Kurako76 @beccalamjig @oldmanbigkid @tfoale @acgrayling @JMPSimor A50.1says the decision must be compliant with the UK's constitutional reqmts, so it's inappropriate for the court to refuse to examine a genuine challenge as to whether they've been met. Delay doesn't cure a failure. The time bar is essentially an administrative convenience. 2/
@RobertCraig3 @A50Challenge @RosChappell @Aceditor @davidallengreen @timonhd @Kurako76 @beccalamjig @oldmanbigkid @tfoale @acgrayling @JMPSimor Consitutional requirements include legal principles governing delegated decision making. It's clear the PM made her decision before Cabinet had agreed upon the framework they wanted to replace EU membership. Reckless. Wednesbuty unreasonableness. Unconstitutional. 3/
@RobertCraig3 @A50Challenge @RosChappell @Aceditor @davidallengreen @timonhd @Kurako76 @beccalamjig @oldmanbigkid @tfoale @acgrayling @JMPSimor On justiciability, you say this is a matter of high state. Indeed, but it is also a decision that takes away fundamental rights. And Miller has confirmed that such decisions are justicable. I'd welcome your thoughts. @onewendy is making much the same point I think. Thanks. 4/4
