header-logo header-logo

24 January 2019 / David Greene
Issue: 7825 / Categories: Opinion , Brexit , Constitutional law
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Sharpe Pritchard—Victoria Heald-Barraclough

Sharpe Pritchard—Victoria Heald-Barraclough

Magic Circle hire strengthens Sharpe Pritchard’s infrastructure finance capability

Lewis Silkin—Iskander Fernandez

Lewis Silkin—Iskander Fernandez

Lewis Silkin adds corporate crime specialist to growing dispute resolution team

Morr & Co—Michael Charalambous

Morr & Co—Michael Charalambous

Morr Co strengthens private client team with partner appointment

NEWS
Should every solicitor found to have acted dishonestly face automatic striking off? The answer, argues John Gould, chair of Russell-Cooke LLP in NLJ this week, is no 
Winning an arbitral award against a state is one thing; enforcing it is another
Can government success in court tell us whether the rule of law is healthy? 
Poorly drafted dispute resolution clauses can trigger litigation before the real dispute is even addressed
As cryptocurrency becomes mainstream, family lawyers are increasingly confronting the challenges it creates on divorce
back-to-top-scroll