UK Constitutional Law Association
In a post on this blog yesterday, Andrew Denny argued that I was wrong to suggest that a money resolution, with Crown recommendation, would be needed under the Standing Orders of the House of Commons for a provision of a Bill for the purpose of securing the postponement of the expiry of the UK’s Article 50 notification or the revocation of that notification (“a postponing or revoking provision”).
He accurately sets out the standing orders and my argument from the paper, written for Policy Exchange, in which I made the suggestion. That argument is that any postponing or cancelling provision would involve (as the published Bills for securing a postponement do) a provision for the postponement or cancellation of “exit day” (within the meaning of the European Union (Withdrawal) Act 2018). That, in turn, would mean the postponement or cancellation of the repeal of section 2(3) of the European…
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