Robert Craig: Can the Government Use the Royal Prerogative to Extend Article 50?

UK Constitutional Law Association

Introduction

The possibility of extending the Article 50 process is being discussed in media outlets and social media. There are a number of potential scenarios where a short extension might be sought:

  1. to implement the Withdrawal Agreement in law
  2. to manage the process of a no deal Brexit
  3. to hold a general election
  4. to hold a second referendum

This post seeks to explore some of the legal questions that arise if an extension were attempted. It should be noted that the effect of an extension would be to continue membership of the EU, for the time being. It will be assumed, solely for the purposes of this post, that political agreement of the EU is obtained to extend the Article 50 period as required as a matter of EU law.

In reality, such consent cannot be assumed, as Eleanor Sharpston has pointed out. She also suggests that it might…

View original post 2,779 more words

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This entry was posted in applied price theory on by .

About Jim Rose

Utopia - you are standing in it promotes a classical liberal view of the world and champion the mass flourishing of humanity through capitalism and the rule of law. The origin of the blog is explained in the first blog post at https://utopiayouarestandinginit.wordpress.com/2014/03/12/why-call-my-blog-utopia-you-are-standing-in-it/

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