Paul Daly Profile picture
University Research Chair in Administrative Law & Governance, @uocommonlaw University of Ottawa; Co-founder @Navigate_Legal
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May 16, 2019 7 tweets 2 min read
Here's a piece I wrote in February, warning of last-minute court challenges to a Brexit delay or revocation, and attendant chaos:

blogs.spectator.co.uk/2019/02/the-br…

Nothing of the sort happened, so I was wrong, and it's worth taking this as a teachable moment.

1/
In this piece, which was briefly one of the most-read items on the Spectator website:

(a) I probably over- and under-estimated Brexiteers, and

(b) may have over-estimated the strength of the potential legal challenges (there were some but they have fizzled out very quietly)

2/
Apr 15, 2019 17 tweets 5 min read
Tremendously gratifying to hold this edited collection in my hands.

It was a real pleasure to work with such talented authors, whose efforts more than justified the glowing testimonials from @blberger and @MichaelPlaxton.

Do take a tour with me, from cover to cover.

Thread The introduction sets the tone: profiting from the recent 150th anniversary of Confederation, the contributions will describe, challenge and reconstruct frameworks for thinking about Canadian constitutional law, navigating the ever-present tension between stability and change
Apr 8, 2019 13 tweets 3 min read
The tweet below was meant in jest but it triggers a terrible thought.

What if the future is now?

What if the UK never even makes it to transition?

What if Brexit is stuck in the A50 period, on an endless loop?

Indefinite, infinite negotiations, in London & Brussels...

Thread Brexit is difficult because it asks UK politicians to trade off economic interests against national sovereignty.

Michel Barnier's famous "Stairway to Brexit" slide illustrates the point.

The further the UK goes, the freer Parliament is...but at an increasingly higher price.
Mar 12, 2019 8 tweets 2 min read
The impending débâcle attributable to the Attorney General's advice that yesterday's theatre in Strasbourg does not change the Withdrawal Agreement in any meaningful way is, sadly, only the latest illustration of HMG's flawed approach: all tactics, no strategy

1 Trying to get @Geoffrey_Cox on board was a reasonable tactical move.

Have him provide a fig leaf (or codpiece) to allow dissenters to climb down whilst retaining their modesty.

But it was risky and has now backfired spectacularly.

2
Mar 7, 2019 12 tweets 6 min read
I've been following the SNC-Lavalin affair relatively closely and it's true as @JamesB_Kelly says that Canadian lawyers have been pretty quiet on this one



So let me try and make some noise

Parts of the controversy are troubling, others less so

Thread Making a significant and important change to the Criminal Code in an omnibus budget bill with inadequate parliamentary scrutiny is troubling

But political/legal disagreement about the meaning of this new Criminal Code provision is not so surprising
Feb 11, 2019 16 tweets 3 min read
With so much Brexit-related doom and gloom around, I thought it might be fun to change things up.

Let’s play a game.

It’s called “pick your crisis” and, I promise, it’ll be great fun.

THREAD. In one corner we have the gallant Prime Minister.

Her supporters, the five-minutes-to-midnighters, are waving banners: “Run Down the Clock!”

They are waiting and waiting until the last possible moment to hold the "meaningful vote"
Feb 6, 2019 5 tweets 2 min read
The funny thing is that, legally speaking, it is actually really easy for Parliament to legislate to prevent a No Deal Brexit

It could pass a law requiring the Prime Minister to revoke the Article 50 notification on March 28 if the Withdrawal Agreement hasn't been ratified

1/ @SpinningHugo has even produced a very short, very clear and very effective draft of what the legislation might look like

spinninghugo.wordpress.com/2019/01/18/cha…

2/
Feb 4, 2019 25 tweets 4 min read
Brexit court cases have so far been taken by remainers (Wightman, Miller).

Next month, it is likely to be the turn of the Brexiteers.

Unless something changes soon, the government's brinksmanship risks thrusting the courts into a political maelstrom.

Buckle up.

THREAD We have already seen the first signs of Hard Brexiteers trying to use the higher institutions of government to achieve their aim: a No-Deal Brexit by automatic operation of law on March 29.

That was the goal of Gerard Batten (UKIP) in asking the Queen to prorogue Parliament.
Feb 2, 2019 20 tweets 3 min read
We need to talk about the European Union (Withdrawal Agreement Implementation) Bill.

Behind the scenes a constitutional outrage is brewing quietly.

THREAD The "WAIB" will be legislation of the highest legal, political and constitutional significance.

It exists in draft (so I'm told). It has been shown to some initiates (think tankers, academics).

But it has not been published.