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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

Pillsbury—Lord Garnier KC

Pillsbury—Lord Garnier KC

Appointment of former Solicitor General bolsters corporate investigations and white collar practice

Hall & Wilcox—Nigel Clark

Hall & Wilcox—Nigel Clark

Firm strengthens international strategy with hire of global relations consultant

Slater Heelis—Sylviane Kokouendo & Shazia Ashraf

Slater Heelis—Sylviane Kokouendo & Shazia Ashraf

Partner and associate join employment practice

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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