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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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Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
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