Thread: Brexit (Old)
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Old 11-01-2019, 13:41   #6169
Chris
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Re: Brexit

Quote:
Originally Posted by Dave42 View Post
parliament can change law and retract article 50 as court said not saying they will just saying they can
Yes but pointing out what Parliament *theoretically* has the power to do is unhelpful. You’re suggesting that Parliament has the luxury of making its own choice on its own terms. That is not the case.

Parliament makes law, but does so according to a timetable mostly controlled by the Government, owing to its controlling majority of the House of Commons.

Parliament has the power to revoke Article 50, but because Parliament was ultimately required to enact Article 50 as primary legislation, it can only be repealed by Parliament in primary legislation. Gina Miller’s hard-won Supreme Court victory is a double-edged sword. Bills can be passed into law quite quickly, but only with cooperation of the Governing party that has control of the parliamentary timetable. Without that cooperation, there simply isn’t enough backbench or opposition time available to do it.

So it still comes back to the Government. Yes, Parliament has the power to actually do it, but due to the time constraints is unable to wield that power unless the Government lets it.
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