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Brexit—a constitutional crisis?

03 October 2019 / Simon Parsons
Issue: 7858 / Categories: Features , Brexit , Constitutional law
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8710
Simon Parsons looks at the prorogation decision & the constitutional role of the courts

There are three options in respect of Brexit. First, a soft Brexit with the UK remaining connected to the EU economic arrangements but out of the political arrangements. Second, a hard Brexit with the UK out of the economic arrangements and political arrangements but with a withdrawal agreement including a transitional period of remaining in the EU followed by a Canada-style free trade agreement. There would also have to be some arrangement that does the same job as the Irish backstop but which is acceptable to the Tories and DUP. The third option is crashing out of the EU without a withdrawal agreement, so the UK would be out the economic and political arrangements and would leave on the exit day without a transition period and then trade on WTO terms. There would be no backstop and so the Good Friday Agreement could be at risk. Alternatively, the UK could unilaterally revoke Brexit by operation of Art 50 of

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MOVERS & SHAKERS

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
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