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Old 19.03.2019, 11:43
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Re: The Brexit referendum thread: potential consequences for GB, EU and the Brits in

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I think you are. Erskine May is just a guidebook to parliamentary procedure. It's not a specific precedent or legal ruling, or even a set of rules. The book is used all the time, in that the way parliament operates day to day is laid out in Erskine May.
With respect, I knew that, but I fully understand that many people wouldn't have. It's a term of phrase, similar to referring to 'Stones' instead of referring to 'the Crown vs........'

For anyone interested in the legalities of the situation, I'm just posting 1-3 of this 15 post long thread. It makes for interesting reading, but even in the legal community there appears to be a split.

Quote:
Jo Maugham QC

We're running very short on options. And (unless the EU27 come to our aid) we're realistically down to two: revocation and No Deal.
MPs need do nothing for No Deal. It is (presently) the default. But what's the minimum needed to revoke? /1

The decision to revoke needs to be taken "in accordance with our constitutional requirements" (see paragraph 58 of Wightman http://curia.europa.eu/juris/documen...=1&cid=4582670 …).
But what does our constitution require? /2

There has been a lot of debate on this in the legal community and there are two schools of thought. The first is that legislation is required and the second is that Theresa May could revoke without legislation. /3
https://twitter.com/JolyonMaugham/st...88600341233665
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