Wednesday, June 29, 2016

We don't want to go?

It is seriously being suggested that Parliament should vote down any bill designed to give effect to the recent Brexit vote.  So - can they do that, and would that not create a constitutional crisis?  Well, in order - yes and no.  The two things you have to hold on to are (1) the referendum had no legal force - it was simply an expression of the popular will, and (2) under our constitution Parliament is sovereign - which means it can do anything it wants to.  So if Parliament decided not to pass the necessary legislation to enable the Government to start the process of withdrawing from the EU, it would be a serious matter and might well precipitate a general election, but would not be unconstitutional.

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