Friday 23 September 2016

Brexit - A view from afar

Here is a link to an interesting article on Brexit written by Professor Philip A. Joseph of the University of Canterbury, New Zealand -Brexit: A View from afar

The article highlights the lack of preparedness in the British government for the actual outcome of the referendum.  This was condemned as "gross negligence" by the House of Commons Foreign Affairs Committee - Parliament - Absence of Contingency Planning

The article examines the case for and against Parliamentary involvement in the decision to trigger Article 50 and takes the view that - "It would be unthinkable, legally and politically, for the UK to trigger the withdrawal process without Parliament's blessing and involvement."

The "unthinkable" appears to be exactly the present position of the government and therefore, as things stand, the question of whether prerogative power allows Ministers to trigger Article 50 will be heard in the High Court in October.  This is a question on which legal opinion is divided and it has been looked at in previous items on this blog - EU and the UK - Collection of posts - and, in particular, It is Brexit (3) The Role of Parliament under Article 50.

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