Remarkable drafting on show here

In effect: 'notwithstanding' the provisions are in breach of the law
Clause 45(2)(a) says, in effect, this provision will have legal effect, regardless of it being unlawful

There is a certain beauty and deft elegance to the drafting of this most extraordinary and illiberal clause

They are really going to try this
In summary:

'This shall have legal effect notwithstanding it being held not to have legal effect'

Such brilliance makes you wonder why it has never been tried before
You lucky people - lots of commentary now in store about what 'notwithstanding' means

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More from @davidallengreen

11 Sep
This morning it all still seems so bizarre

A Conservative government is risking a full-blown constitutional crisis and destroying its international reputation over...

...increasing the role of public sector in subsidising otherwise uncompetitive private sector businesses

'Conservative' in that last tweet to be said in exactly the same way Neil Kinnock said 'Labour' in his famous speech on Militant
Missing in all this - as conspicuous as a missing witness statement - is the failure of UK government to explain why it wants to depart from EU State aid rules

What exactly is the UK's alternative vision of State aid?

And why does it require this big departure?

This is the gap
Read 7 tweets
10 Sep
This statement is so carefully written, and fun to read just as carefully.
Let's go through the statement, as it is really so delightful
The 'Government has today published...'

Note: not the Treasury Solicitor, not the Attorney General's Office, not the Lord Chancellor

The 'Government'

And, indeed, oddly it was the Cabinet Office that published the 'statement'
Read 13 tweets
8 Sep
French fishermen are no doubt looking forward to breaching international law in "specific" ways
Spain is no doubt looking forward to breaching international law regarding Gibraltar in "specific" ways
Argentina is no doubt looking forward to breaching international law regarding the Falkland Islands in "specific" ways
Read 6 tweets
8 Sep
This is significant, so very significant
The head of the government legal service is also, historically, the Treasury Solicitor

A grand title and position, as worthy as the Attorney General and Lord Chancellor

The late great @HenryBrooke1 wrote a detailed post on the role here…
Read 13 tweets
7 Sep
The suggestion that a sovereign state cannot be sovereign when it is party to a treaty is inherently absurd, as the modern notion of a sovereign state is that it is a state capable of entering into a treaty
The modern nation state, at least in the west, derives in part from the treaty of Westphalia:…

To say that being party to a treaty negates being a sovereign state is to, well, be ignorant of four hundred years of history, law and diplomacy
Even the EU, which can in certain circumstances also be a party to certain international agreements, can only do so because of the prior terms of the two treaties of EU between the 27 sovereign member states

Being able to freely enter into treaties is what sovereign states *do*
Read 5 tweets
2 Sep
@BarristerSecret @prospect_uk "...general ignorance of the law has a cost. It means that a person usually has no stock of legal knowledge with which to counter false claims about the law."
@BarristerSecret @prospect_uk "There is, of course, a certain irony that a book about legal fakery is written by someone whose exact legal credentials are not revealed...

...The authority of this author is in the sheer quality of the writing. "
Read 7 tweets

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