andrewducker: (Default)
andrewducker ([personal profile] andrewducker) wrote2019-01-17 11:03 am
drplokta: (Default)

[personal profile] drplokta 2019-01-17 12:02 pm (UTC)(link)
The way to rule out no deal is to pass legislation requiring the government to revoke the Article 50 notification on 28 March (or the day before Brexit day if the deadline is extended) if no deal has been agreed by that time.
danieldwilliam: (Default)

[personal profile] danieldwilliam 2019-01-17 01:25 pm (UTC)(link)
The Scottish Case is important here.

An implication of a rule that is actually binding on the UK Government that it avoid a No Deal Brexit is that can not leave the EU without a deal. (I.e a rule that is in the necessary form to compel HMG whether that is House of Commons Standing Orders or a whole new Act of Parliament0

What flows from that in the event of no deal being ratified by the 29th of March is that one of following is true

a) the UK government must, on the 29th March, unilaterally revoke Article 50 (which it has a right to do, perhaps, depending on your reading the of the UK constitution and, inter alia, the Gina Miller Case

b) the Withdrawal Act has been in part repeal, implicitely or explicitely

c) the UK Government have no right to exit the EU on the 29th March, and can't do so, and therefore revokation of Article 50 is implied and operates by process of law

So I don't think Corbyn has to do much heavy lifting about how to take No Deal of the Table. It is possible that the Government (rather than Parliament) has the right to unilaterally revoke Article 50. It can arrange to bind itself.

Or the UK Parliament could pass the EU Withdrawal (Amendment) (Article 50 Revocation) Act 2019

S1 The United Kingdom shall not leave the EU without a Withdrawal Agreement that has been ratified by the House of Commons

S2 (i) If, by, 9pm on the day of withdrawal the UK Parliament has not ratified a Withdrawal Agreement the relevant government minister is required to issue proper notices revoking Article 50

(ii) if the notices are not delivered in proper form, or if no notices are in fact delivered, the reaching of 9pm on the day of withdrawal will still be considered a constitutionally valid revocation of Article 50.

Corbyn, himself, hasn't actually said that and he may not have thought it through but it's pretty easy to do.

What is trickier is ensuring that the UK doesn't leave without a deal in a way that still means we are definately leaving.
cmcmck: chiara (chiara)

[personal profile] cmcmck 2019-01-17 05:13 pm (UTC)(link)
They do!

I'd figured it out by the time I was five.