, 4 tweets, 3 min read
1/ Right to say it's not possible to predict 100% what courts would do - but, remember Miller 1 and 2 were both in essence strong restatements of principle of parliamentary sovereignty. Padfield principle (executive can't frustrate purpose of legislation) is founded on that
2/ If you just look at Padfield itself (50 yrs+ old and principle developed since) you can see how difficult it will be for govt to argue a side letter contradicting the letter required by Benn Act would be a lawful use powers/within powers of minister bailii.org/uk/cases/UKHL/…
3/ And since then we have had Miller 1 and Miller 2, both very strongly based on principle of parliamentary sovereignty, and the most basic currency of that principle is that Parliament can pass laws which set the lawful boundaries of ministers' actions - see para 41 of Miller 2
4/ Govt could argue a complex matter of international treaty negotiation and it has prerogative power outside boundaries of Benn Act to negotiate. But since Benn Act's purpose clearly to force govt to seek extension, hard to see actions frustrating that purpose could be lawful
Missing some Tweet in this thread? You can try to force a refresh.

Enjoying this thread?

Keep Current with Adam Wagner

Profile picture

Stay in touch and get notified when new unrolls are available from this author!

Read all threads

This Thread 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!