, 8 tweets, 2 min read Read on Twitter
In a piece I wrote yesterday, I challenged various suggestions made by Vernon Bogdanor in a Guardian article. He has now written an article in the Times making similar/further suggestions that seem to me to be highly questionable. /1 thetimes.co.uk/article/how-th…
First, Bogdanor says a no-deal Brexit could be prevented by legislating to extend the Article 50 period or to repeal the EU (Notification of Withdrawal) Act 2017. /2
But Parliament cannot extend the Article 50 period: at most, it can require the Prime Minister to ask the EU to do so, as it did via the Cooper-Letwin Bill in March; the EU would be at liberty to extend or not at its discretion. /3
Nor would repealing the EU (Notification of Withdrawal) Act 2017 make any difference. That legislation was needed (following the Miller case) to empower the Government to *trigger* Article 50, but its repeal would not *halt* the Article 50 process. /4
Second, Bogdanor suggests that Parliament could retrospectively legislate if 31 October were to fall during a general election and if Parliament subsequently wanted to reverse Brexit. /5
But while Parliament can legislate with retrospective effect, such legislation would be unlikely to have any effect in the present context. Brexit occurs by default operation of EU law on 31 Oct; UK legislation, retrospective or otherwise, cannot change the EU law postion. /6
The upshot is that none of the approaches suggested by Bogdanor would prevent (or reverse) a no-deal Brexit. For suggestions as to how Parliament might avert a no-deal Brexit, see my post from yesterday. /ends publiclawforeveryone.com/2019/08/08/can…
An addendum to point 6: Bogdanor does say that retrospective legislation would need to be passed with EU's agreement. But it's not at all clear to me EU would have legal power in effect to readmit UK on current terms after no-deal Brexit and to treat UK as never having left.
Missing some Tweet in this thread?
You can try to force a refresh.

Like this thread? Get email updates or save it to PDF!

Subscribe to Mark Elliott
Profile picture

Get real-time email alerts when new unrolls are available from this author!

This content may be removed anytime!

Twitter may remove this content at anytime, convert it as a PDF, save and print for later use!

Try unrolling a thread yourself!

how to unroll video

1) Follow Thread Reader App on Twitter so you can easily mention us!

2) Go to a Twitter thread (series of Tweets by the same owner) and mention us with a keyword "unroll" @threadreaderapp unroll

You can practice here first or read more on our help page!

Follow Us on Twitter!

Did Thread Reader help you today?

Support us! We are indie developers!

This site is made by just three indie developers on a laptop doing marketing, support and development! Read more about the story.

Become a Premium Member ($3.00/month or $30.00/year) and get exclusive features!

Become Premium

Too expensive? Make a small donation by buying us coffee ($5) or help with server cost ($10)

Donate via Paypal Become our Patreon

Thank you for your support!