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This is interesting in the context of the promised repeal of the Fixed Term Parliaments Act. (Article 13.2 of the Constitution of Ireland.)
NB that there might be some hesitation about conferring a power on the Queen in quite those terms (inviting her to judge whether the PM has a majority in the HoC) - though it reflects the pre-FTPA practice.
One suggestion might be to make her power to agree conditional on the Speaker certifying that the Government would be likely to win any motion of “no confidence”: that would cast the political judgment onto the Speaker, and make the Queen’s agreement/refusal a mere formality.
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George Peretz QC
@GeorgePeretzQC
It is interesting how a certain cast of Brexiter fails to spot the clashing dissonance between this sentiment (from Scruton, quoted with approval by @DanielJHannan) and the Brexit project.
And @DanielJHannan’s “of course” is here doing a *lot* of work. Which is the “faddish ideology”, and which is “wisdom”?
Incidentally, this quote from Scruton sums up why I am not a conservative.
Read 5 tweets
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George Peretz QC
@GeorgePeretzQC
Good comment by @Keir_Starmer to #FEPSFAB20 on dealing with the EHRC: never a good idea for organisations facing such an investigation to circle the wagons - you have to open up. A general truth, which any experienced lawyer advising on such issues will tell you.
(Applies in many areas of the law.)
On Scotland: if pro-referendum majority in Holyrood in 2021, “any government would have to consider a referendum”. That seems to me to be right: the UK isn’t (and shouldn’t be) Spain.
Read 3 tweets
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George Peretz QC
@GeorgePeretzQC
Your regular reminder that the Government has *already* agreed to remain significantly bound by EU State aid rules after transition (under the NI protocol: provisions that would almost certainly apply to any State aid to Flybe).
And even the Conservatives’ (somewhat incoherent) GE proposal to replace State aid rules involved recreating a domestic anti-subsidy regime. prospectmagazine.co.uk/economics-and-…
NB “almost certainly” is putting it too high in relation to FlyBe, as it isn’t (I think) a cargo airline. (The reference to “trade covered by the protocol” in Art 10 is a reference, essentially, to goods: but aid to a company that carries goods would affect that trade.)
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John Rentoul
@JohnRentoul
Interesting: @PaulGoodmanCH says Johnson should resign as PM to try to force election rather than ask for extension conservativehome.com/thetorydiary/2…
@PaulGoodmanCH A detail: PM could get election by simple majority with a bill to amend Fixed-term Parliaments Act (but fears amdts for votes at 16 &c)
@PaulGoodmanCH That's the only plausible scenario in which a temporary PM would be needed independent.co.uk/voices/uk-gove…
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Nicholas Guyatt
@NicholasGuyatt
Parliament has been prorogued, the benches are empty, and Boris Johnson finally has a chance to rule without scrutiny from MPs. The perfect time for a thread about constitutional crisis.
The term is everywhere these days - Reuters have even done a helpful guide reaching back to Magna Carta. For once I think the circumstances probably justify the hyperbole. What’s the problem and how did we get here? uk.reuters.com/article/uk-bri…
The political problem is Brexit. The constitutional problem is the relationship between the executive, legislature & public. (Which is why last night's Commons debate was so fractious.) There’s an internal and external dimension to this — let’s start with the internal.
Read 37 tweets
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Joshua Rozenberg
@JoshuaRozenberg
Good morning from R (Miller) v Prime Minister, in the High Court of England and Wales (Divisional Court). Gina Miller represented by Lord Pannick QC. PM represented by Sir David Eadie QC. Judges are Lord Burnett CJ, Sir Terence Etherton MR, Dame Victoria Sharp President QBD.
Lady Chakrabarti (intervener) is in court. Sir John Major (intervener) is not. All interveners are making written submissions only.
Lord Pannick opens the proceedings with a bon mot about his junior counsel, Warren Fitt.
Read 64 tweets
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Nigel Fletcher
@nigelfletcher
Beneath the ominous coup imagery lurks a reasonable point- how does Her Majesty's Loyal Opposition press its case as the alternative government when Her Majesty's Government has lost the confidence of the Commons? Some thoughts:
As we know, the Fixed Term Parliaments Act has presented us with a 14-day period of constitutional chaos following a No Confidence Vote, during which it is not clear what should happen. Should the government resign? Can they brazen it out? Should a new one be sought?
This has led to the latest round of armchair constitutional theorising* on the conventions for government formation, and the Royal Prerogative. Fun times. Except now it may be tested in practice. Yikes.

*(Full disclosure, my desk chair is comfy and has arms)
Read 27 tweets
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Constitution Unit
@ConUnit_UCL
NEW BLOG: Can Boris Johnson ignore parliament and force a no deal Brexit?

Meg Russell and Robert Hazell conclude the answer is 'no', but that MPs will need to be organised and determined if they want to prevent a 'no deal'

THREAD 1/15

Read it here: constitution-unit.com/2019/08/08/can…
@UKandEU @StudyofParl @psa_parl @UCL_EI @anandMenon1 @HansardSociety @DrHannahWhite @jasimsoncaird Today’s new post builds on an earlier one (link below) by the same authors

It addresses claims Johnson could ignore parliament, refusing to go if there's a vote of no confidence, or forcing a no deal Brexit during a general election campaign

2/15

constitution-unit.com/2019/06/30/six…
@UKandEU @StudyofParl @psa_parl @UCL_EI @anandMenon1 @HansardSociety @DrHannahWhite @jasimsoncaird Russell and Hazell also note, as another previous post (link below) did that it is problematic to have no parliamentary scrutiny of Johnson over the summer

This scrutiny gap is feeding increasingly wild claims on both sides

3/15

constitution-unit.com/2019/07/23/pre…
Read 15 tweets
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Jo Maugham QC
@JolyonMaugham
Interesting question for constitutional law geeks: do the Grieve amendments (legislation.gov.uk/ukpga/2019/22/…) limit Parliament's power to deliver a general election under the Fixed Term Parliaments Act?
My best guess, for what it's worth, is that the obligation in the 2019 Act for Parliament to be recalled if 'prorogued' does not fall away if there is a General Election. But that Parliament might have to sit during a General Election campaign does not preclude a General Election
Anyway, about to depart on a long flight and I know y'all will have sorted it out by the time I land.
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