Thursday, 20 October 2016

THE LEGAL CHALLENGE

I have been following the legal case challenging article 50 and find it fascinating. The government is fighting hard to circumvent parliament, presumably because they are worried the remain majority will vote against it or MPs will demand to know too much about the negotiating stance.

The case turns on whether the royal prerogative can legally be used to notify withdrawal from the EU or if parliament alone can authorise it. The prerogative cannot be used to remove rights that parliament has given and some rights like the freedom to move anywhere in the EU will be lost when article 50 is triggered. Personally I don't think the government will win but we will see what the high court (and later the supreme court) has to say. A decision is expected in two or three weeks.


Newspapers and markets are making a lot out of the admission made by the defendant's counsel that MPs will be able to vote on any final deal. But this is only described as likely not a certainty and they will vote under CRaGS – The Constitution Reform and Governance Act 2010 which only allows MPs to stop the deal being ratified for 21 days only and they will have to keep doing this over and over again to stop it.  When the markets see this they may not be quite so happy.

An explanation of GRaGs is HERE

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