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24 January 2019 / David Greene
Issue: 7825 / Categories: Opinion , Brexit , Constitutional law
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Brexit conundrums

The rejection of the prime minister’s proposals means we are in uncharted territory constitutionally, says David Greene

All the Brexit noise is drowning out the substantial constitutional challenges and changes that the government and Parliament are working through in the Brexit process. One of the main challenges seeks a complete reversal of our constitutional machinery.

Famously (or, for some, infamously), the UK has a largely unwritten constitution, but is probably better described as uncodified since some parts are written. A codified constitution establishes broad principles but, even in its presence, much of the democratic process relies upon unwritten commitments on the part of all stakeholders to the institutions of democracy. In many parts of the world, that commitment is challenged.

The UK democratic process works on the basis that the elected government proposes and Parliament dispenses. The government introduces draft legislation and Parliament decides whether to amend the draft and/or pass the legislation into statute. Amendments can make substantial change to legislation but cannot effectively wreck it. Similarly, the government proposes an annual budget

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MOVERS & SHAKERS

DWF—David Abbott & Claire Keat

DWF—David Abbott & Claire Keat

Senior appointments in insurance services and commercial services announced

Clyde & Co—Nick Roberts

Clyde & Co—Nick Roberts

Aviation disputes practice strengthened by London partner hire

Ellisons—Marion Knocker

Ellisons—Marion Knocker

Residential property lawyer promoted to partnership

NEWS
he abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC
Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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