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02 May 2019 / Michael Zander KC
Issue: 7838 / Categories: Features , Brexit , EU , Constitutional law
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Brexit: is MPs taking control a good or a bad thing?

Michael Zander considers the extremely controversial EU (Withdrawal) (No 5) Bill

  • Many argued that MPs taking control of the legislative process set a dangerous precedent; but is it what the exceptional circumstances of Brexit demanded?

The European Union (Withdrawal) Act 2019, which started as the European Union (Withdrawal) (No 5) Bill, will surely figure in the next edition of Erskine May: Parliamentary Practice . The Bill was rushed through all its parliamentary stages. Though very unusual, that has happened before. But what was unprecedented was to have a Private Members Bill running to a timetable set by backbenchers that reached the statute book despite the opposition of the government.

No such thing has ever occurred in the more than 100 years since 1902 when the House of Commons Standing Order giving precedence to government business was first established. The House of Lords Constitution Committee’s 2009 report on fast-track legislation did not even mention

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NEWS
A wave of housing and procedural reforms is set to test the limits of tribunal capacity. In his latest Civil Way column for NLJ this week, Stephen Gold charts sweeping change as the Renters’ Rights Act 2025 begins biting
Plans to reduce jury trials risk missing the real problem in the criminal justice system. Writing in NLJ this week, David Wolchover of Ridgeway Chambers argues the crown court backlog is fuelled not by juries but weak cases slipping through a flawed ‘50%’ prosecution test
Emerging technologies may soon transform how courts determine truth in deeply personal disputes. In this week's NLJ, Madhavi Kabra of 1 Hare Court and Harry Lambert of Outer Temple Chambers explore how neurotechnology could reshape family law
A controversial protest case has reignited debate over the limits of free expression. In NLJ this week, Nicholas Dobson examines a Quran-burning incident testing public order law
The courts have drawn a firm line under attempts to extend arbitration appeals. Writing in NLJ this week, Masood Ahmed of the University of Leicester highlights that if the High Court refuses permission under s 68 of the Arbitration Act 1996, that is the end
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