Tag Archives: UK constitution

Parliament on the brink of Brexit: meaningful or meaningless?

by Dr Andrew Blick
Senior Lecturer in Politics and Contemporary History at King’s College London; Senior Research Fellow at the Federal Trust

26th February 2019

It is an irony frequently remarked upon that the Brexit process, though embarked upon partly in the name of the sovereignty of Parliament, has seen this institution marginalised. Some of this exclusion from meaningful involvement in Brexit has been self-imposed. Parliament approved legislation, the European Union (Referendum) Act 2015, providing for an open-ended question to be put to the public which it subsequently accepted as producing a binding requirement, in some form, to leave the EU. It then provided the Prime Minister, through the European Union (Notification of Withdrawal) Act 2017, with the statutory authority required to trigger Article 50 of the Treaty on European Union, without attaching any conditions to the exercise of this power. Parliament has subsequently proved more effective at asserting that it should have power than actually exercising it. It has lately been willing to reject options it finds undesirable, most dramatically the deal secured by the UK government in negotiations with the EU. But even when expressing negative views, parliamentarians have voted in the same direction for different and opposing reasons. The imposition of a positive course of action – a function that is surely the essence of a ‘sovereign’ body – has not been attained.

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The Supremes say “Stop in the name of Parliament”

The Supremes say “Stop in the name of Parliament”

Brendan Donnelly

 

By Brendan Donnelly, Director, The Federal Trust

 

 

On general principles of good governance yesterday’s decision of the Supreme Court must be welcomed. Most Parliamentarians are profoundly uneasy at the erratic course Mrs. May and her government have steered over the past six months in response to the ill-defined outcome of the advisory European referendum on 23rd June. It was politically convenient for Mrs. May to claim to believe that a modern version of the divine right of kings dispensed her from the obligation to involve Parliament in these matters.  Happily, the Supreme Court has rejected such pretensions. Nevertheless, any pleasure at yesterday’s verdict must be tinged with disappointment that the Court needed to take such a decision in the first place. Continue reading The Supremes say “Stop in the name of Parliament”