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Gee. I’ve opened a can of worms.
So, could May revoke Article 50 at the last minute? I say “yes”. Here is why (very briefly and generally and half-bakedly). 1/
So, could May revoke Article 50 at the last minute? I say “yes”. Here is why (very briefly and generally and half-bakedly). 1/
Legislation to take hard date out of European Union (Withdrawal) Act will have gone through Parliament already, because it’s needed even for a short technical extension, which the gov’t now accepts is inevitable even if the deal goes through. There’s an easy majority for it. 2/
Some are suggesting Miller case means May would need Parliamentary approval to revoke. I think it’s a misreading of that case. The central point at the core of that judgment was that the gov’t cannot use residual prerogative powers to *remove* rights created by Parliament. 3/
Revocation clearly does no such thing. It preserves the status quo. Further, it could be easily and effectively argued that the recent vote in the Commons rejecting no-deal under any circumstances, not only authorises, but mandates the PM to revoke in that eventuality. 4/END
