Thread by @RobertCPalmer13

Many academics are relying on an assessment of the normal rules of the constitution but we're facing a novel situation where solutions that 1st seem absurd can turn out to be the prefered route as the constitutional crisis unfolds. We're not dealing with black letter law.

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https://twitter.com/RosChappell/status/1162636586317692928

There's a conflict between 2 differing concepts of democracy. The Westminster concept draws on Parliament’s democratic competence, the Parliamentary sovereignty & the convention that a govt holds power only to the extent that it has the confidence of the HoC.

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The Whitehall version focuses on Standing Order 14 that gives priority to Governmental business in the HoC. It wants an all powerful executive based on the mandate on which it was elected with Parliament taking a passive role. That concept's been diluted by the EU(W)A 2019.
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The EU(W)A 2019 modified the relative powers of the HoC & the govt & itself saw a derogation from ordinary parliamentary procedures, passing in a day & by-passing the usual mechanisms for Private Members Bills, which normally only succeed when supported by the govt.

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We've witnessed small victories for Parliament over govt, which began with s.13 EU(W)A 2018 placing conditions on the ratification of the Withdrawal Agreement & the series of ‘motions in neutral terms’ that transferred power from Whitehall to Westminster.

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The new govt is trying to wrestle that power back & place Parliament into a passive role for Whitehall to dominate (undermining Parliamentary Sovereignty) & force through a no deal. IOW force through Brexit at all costs, despite the 2019 Act's purpose to avert no deal.

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The 2019 Act set a precedent which saw Parliament taking a more active role. The HoC can vote against no deal continuously but the only way to stop no deal on 31st Oct is to agree the WA, revoke A50, or seek (& get) a further extension.

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The question we need to ask is whether (& to what extent) non-govt MPs can successfully initiate or amend legislation in the future to prevent no deal. We can see that it's possible for Parliament to take back control but the Whitehall vision of democracy is fighting back.

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The saga continues against a backdrop of a politically advisory ref, which is heightening tensions between Parliamentary sovereignty & the 'will of the people' as the clock keeps ticking to 31st Oct. This can only be changed by unanimous agreement from the European Council. 9/10

We have hope via the @GoodLawProject action to prevent the govt from suspending parliament. I don't see how forcing no deal can be lawful given it's been consistently rejected by Parliament. Will we have executive supremacy or Parliamentary sovereignty in Nov? I don't know.
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