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Brexit: Major fears Johnson could use privy council to bypass law preventing no deal – live news

Brexit: Major fears Johnson could use privy council to bypass

The prime minister may seek to suspend Benn Act until after 31 October when the UK is set to leave the EU, John Major has warned 10.11am BST The legal commentator, David Allen Green, has rejected the notion that Boris Johnson could get round the Benn Act via the privy council and says any attempt to do so would be swiftly repudiated by judges. And any attempt at such tomfoolery can and would be quashed by the High Court on the basic Padfield constitutional principle within a couple of days, if not a few hours

Principle so basic it would not need to go to Supreme CourtGeneral purpose tweet

To any piece of the form “Has [x] discovered a way round the Benn Act?”

The initial answer is “No, Padfield”

Only if the piece explains how the 1968 case of Padfield is also sidestepped, then the piece is legally worthless briefed by the legally amateurAnd it is impossible to imagine a situation where an “emergency” powers would allow a government to amend the Benn Act as a direct and proportionate way of mitigating an emergency, but even so, that would need to be put before parliament promptly for approval 10.04am BST Here is a link to the full text of John Major’s speech warning that Boris Johnson may try to bypass the law preventing no deal. Continue reading…

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Author : Haroon Siddique

Publish date : 2019-09-27 09:11:05

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