UK Constitutional Law Association
This is the first of a two-part discussion of this theme. This first part addresses the obligations under the Benn Act and the legal response to attempts to frustrate it; the second part will address non-confidence motions, resignation and change of Government.
There has been significant confusion about options open to Government and the opposition parties after the enactment of the European Union (Withdrawal) (No.2) Act 2019 (the “Benn Act”). Prime Minister Boris Johnson (the PM) has affirmed repeatedly that he would neither breach the Act nor send the request for an extension of the negotiating period that it straightforwardly requires. This raises concerns about whether the Government has a clever plan to evade or neutralize the requirements of the Benn Act. It also has invited speculation about the possible role of a vote of non-confidence, prime ministerial resignation, and an early election. All of these issues depend to a…
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