header-logo header-logo

Brexit conundrums

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

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Writing in NLJ this week, Thomas Rothwell and Kavish Shah of Falcon Chambers unpack the surprise inclusion of a ban on upwards-only rent reviews in the English Devolution and Community Empowerment Bill
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
back-to-top-scroll