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28 March 2019 / David Greene
Issue: 7834 / Categories: Opinion , Brexit , Constitutional law
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Crisis? What crisis?

David Greene lays out the (possible) next steps for Brexit, democracy & the country


We are, no doubt, in a political crisis. One doesn’t need to have taken sides in the debate to conclude to that effect. This process, which has taken a fresh step of indicative votes, has put under the microscope the relationship between the executive and Parliament, having earlier examined the relationship between the government and the judiciary in the Article 50 litigation. The Westminster model which has replicas in many countries, even down to the physical construction of the debating chamber, has broken down. Does it remain fit for purpose?

The UK version of the Westminster model of governance and democracy retains at its heart the foundation stone of elections based on first past the post. This, its advocates say, produces strong governments based on party politics that are in the position to put into effect their manifesto. With a good majority the government can push through its legislative programme as promised to the electorate. It is more difficult when

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NEWS
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Fraud claims are surging, with England and Wales increasingly the forum of choice for global disputes. Writing in NLJ this week, Jon Felce of Cooke, Young & Keidan reports claims have risen sharply, with fraud now a major share of litigation and costing billions worldwide
Litigators digesting Mazur are being urged to tighten oversight and compliance. In his latest 'Insider' column for NLJ this week, Professor Dominic Regan of City Law School provides a cut out and keep guide to the ruling’s core test: whether an unauthorised individual is ‘in truth acting on behalf of the authorised individual’
Conflicting county court rulings have left landlords uncertain over whether they can force entry after tenants refuse access. In this week's NLJ, Edward Blakeney and Ashpen Rajah of Falcon Chambers outline a split: some judges permit it under CPR 70.2A, others insist only Parliament can authorise such powers
A wave of scandals has reignited debate over misconduct in public office, criticised as unclear and inconsistently applied. Writing in NLJ this week, Alice Lepeuple of WilmerHale says the offence’s ‘vagueness, overbreadth & inconsistent deployment’ have undermined confidence
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