Questions tagged [brexit]

For questions regarding Britain's exit from the European Union, popularly termed 'Brexit'. Use with the [united-kingdom] and [european-union] tags, depending on which parties your question refers to.

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4
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2answers
450 views

Is a no-deal Brexit illegal, and therefore invalid?

From what I understand, article 50 of the Lisbon treaty requires any state leaving to do so according to their domestic law. It seems to be well understood that any form of hard border in Ireland is ...
5
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2answers
245 views

What parts of EU law impose that the EU cannot consider an extension/delay request not coming from the PM?

A recent article quotes Boris Johnson as saying "The EU is obliged by EU law only to negotiate with member state governments, they cannot negotiate with Parliament, and this government will not ...
2
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1answer
287 views

Do all EU treaties cease to apply on exit day if no agreement is reached?

Article 50 TEU says: The Treaties shall cease to apply to the State in question from the date of entry into force of the withdrawal agreement or, failing that, two years after the notification ...
5
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2answers
209 views

Would this use of *nobile officium* be a separation of powers violation?

I've mentioned here and here that certain Brexit-pursuing actions as Prime Minister, by Theresa May and Boris Johnson, raised separation of powers concerns quite separate from the policy question of ...
12
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1answer
1k views

What would the EU’s position be with respect to a United Ireland?

During the Scottish referendum of 2013, it was made clear that the United Kingdom is a member of the European Union and any part of the UK seceding from it would be treated as a 3rd country, and would ...
2
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1answer
160 views

How many members of the Privy Council are there, and how many are required to form a quorum?

Former Prime Minister John Major has suggested that the government could obtain an "Order of Council" postponing the Benn Act until after 31 October. He indicates that this would not require the ...
4
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2answers
325 views

Why did Boris Johnson fly home after the prorogation of parliament was declared illegal?

After the Supreme Court judgement declaring the prorogation illegal, Boris Johnson flew home to attend to parliamentary business. Why did he do this? Was it for personal gain or is he required to by ...
5
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1answer
190 views

Why was Labour able to decide its 2019 Brexit policy (re: composite 13) without a counted vote?

In most organizations that hold votes, any controversial or close vote is counted precisely, and only the non-controversial or landslide votes are allowed to be handled by a show of hands or ayes-and-...
25
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6answers
8k views

Could Boris Johnson face criminal charges for illegally proroguing Parliament?

Since the UK Supreme Court has ruled that the proroguing of the UK Parliament was illegal, is Boris Johnson personally culpable? Does this depend on whether the UK Parliament and its democratic ...
6
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2answers
396 views

What happens if the Prime Minister breaks the Benn Act law?

The Benn Act (European Union (Withdrawal) (No. 2) Act 2019) makes it a legal requirement for the PM to ask for an extension from the EU if no Withdrawal Agreement is ratified. If the PM simply ...
30
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1answer
3k views

Was the ruling that prorogation was unlawful only possible because of the creation of a separate supreme court?

So the UK supreme court has just ruled the prorogation of parliament to be unlawful. This court has only existed since 2009, taking on the role as the court of final appeal from the House of Lords. ...
25
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2answers
4k views

To what degree did the Supreme Court limit Boris Johnson's ability to prorogue?

From the UK Supreme Court's summary of today's hearing on prorogation of Parliament: The next and final question, therefore, is what the legal effect of that finding is and therefore what remedies ...
8
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1answer
321 views

Is there any reason why the Speaker could not be appointed as “caretaker” Prime Minister?

There is a clear majority in the House of Commons in favour of extending Article 50. However were the House to impose a vote of no confidence in the present Prime Minister there is no agreement ...
-2
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2answers
292 views

What will happen to British seats in EU parliament/ EU council if Brexit gets cancelled?

With all this Brexit craziness going on, a no-Brexit scenario (withdrawal of article 50) sometimes pops up as a possibility. In may we had European elections to elect the European Parliament. The ...
18
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6answers
5k views

If the EU does not offer an extension to UK's Article 50 invocation, is the Benn Bill irrelevant?

My understanding of the Benn Bill is that it only compels the PM to request an extension and what must be done if an extension is granted. If an extension isn't granted, is it true that neither the ...
38
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8answers
10k views

Can Northern Ireland's border issue be solved by repartition?

In following the ongoing Brexit drama, it seems everything is resolved except the question of the Norther Irish border, which is very difficult indeed to solve. Idea: draw a new border that splits ...
8
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1answer
2k views

Why has the UK has not yet signed a continuity trade agreement with Turkey?

From UNCTAD, as of 3 Sep 2019: Among the countries which currently grant preferences to the EU but for which the UK has not yet reached an agreement to grant continued preferential market access, ...
22
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4answers
12k views

Can Brexit be undone in an emergency?

In case Brexit has already happened, can it be reversed after a short time? Legally, the answer is no, I think. But I can imagine a situation where, during the first few days after Brexit, all ...
10
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0answers
301 views

Brexit, EU tax evasion regulation, and the City of London

Articles (such as this one published by Foreign Policy and this one by BBC) and documentaries (such as 2017 film "The Spider's Web" described here) detail the history and extent of Britain’s "Empire ...
4
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2answers
425 views

Have any UK parties suggested uniting to neutralize the Brexit party by preventing a GE before 2022?

Nigel Farage and the Brexit party are extremely unpopular amongst all the other political parties in Parliament. The Conservative party has just rejected Farage's recent overture concerning a general ...
43
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7answers
9k views

Why is the UK still pressing on with Brexit?

Before Monday I have always taken an impartial stance when ingesting information produced by clearly pro-Leave and pro-Remain groups, to analyze the information and take time to cross-reference it ...
1
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1answer
167 views

Are there international legal underpinnings to the European Union (Withdrawal) Act 2018?

The European Union (Withdrawal) Act 2018 encodes the mechanism for UK withdrawal from the EU. But given that it required agreement from the EU (did it), does it also have a treaty component, or ...
15
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1answer
2k views

What was redacted in the Yellowhammer report? (Point 15)

The UK government has released a redacted copy of the Yellowhammer report. Leaving aside the legality of it being redacted (Parliament requested full disclosure), are there any indications of what ...
5
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1answer
329 views

Is there any indication that the now released 'Operation Yellowhammer' merely a summary?

There has been a lot of talk about 'Operation Yellowhammer'. In January of this year, little was known about it. pjc50 wrote in an answer dated January 2019: (Personally I think it's more likely ...
33
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3answers
6k views

What explanation do proponents of a Scotland-NI bridge give for it breaking Brexit impasse?

According to Channel 4: The DUP, the party supporting the Conservatives in Parliament, believes a bridge [between Scotland and Northern Ireland] could break the Brexit impasse by removing the need ...
0
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1answer
381 views

Why is it presumed that the EU won't grant an extension even if Johnson doesn't personally ask for it?

There's a lot of brouhaha at the moment about whether or not Johnson would ask for an extension, including speculation on whether or not he will go to jail over his refusal to do so. But why is it ...
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1answer
335 views

Can Johnson take a gamble: refuse to apply for an extension, go to jail and help the Tories win the election and release him? [closed]

If Johnson refused to apply for an extension and went to jail, he would probably become a "no-deal martyr" for hardline Brexiteers, which would motivate them and increase the chances of no-deal Brexit ...
5
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1answer
938 views

Can Boris Johnson request a Brexit extension to November 1st?

The UK Parliament has passed a law mandating that the Prime Minister (currently Boris Johnson) must request an extension to the Brexit deadline by October 19th, unless a 'no-deal Brexit' has been ...
8
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1answer
222 views

How likely would it be that the current UK PM could face jail time by refusing to request an extension to article 50 [closed]

Given how adamant the current Prime Minister of the UK is that he will not ask the EU for another extension under any circumstances and that it is now enshrined in law that the PM must seek an ...
30
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2answers
7k views

Can the UK veto its own extension request?

Every member of the EU has to agree any extension to article 50. Does this mean the UK PM could (technically) use his vote in the European Council to veto his own request for an extension?
8
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2answers
569 views

Could Boris Johnson send the extension to Brussels via a slow route that would not arrive before Oct.31

Could Boris Johnson fulfill his legal duty to send the required extension request to Brussels by posting it via a post/courier that would not arrive before Oct.31. I believe it was a 2 week window ...
5
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1answer
271 views

Is May’s deal still on the table?

These last weeks have been a firework of Brexit news in the UK and among others led to at least one politician (Michael Gove) admitting he would vote for May’s deal if it returned to parliament (I ...
3
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3answers
758 views

Why can't (doesn't?) Boris Johnson resign?

Why can't or doesn't Boris Johnson resign? In other parliamentary democracies, when the government loses support in the parliament (losing majority/vote of confidence) they typically resign and the ...
13
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2answers
3k views

Exact Brexit date and consequences

If we consider Brexit to take place on 31 October 2019 as planned, does that mean this day would be the last day for the United Kingdom being still part of the EU, or does it mean from that day the UK ...
4
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1answer
926 views

Could the government trigger by-elections to regain a majority?

The Conservative government has both had defectors and removed the whip from plenty of candidates in the past weeks. The opposition now has a majority. Since the opposition is stopping the government ...
9
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1answer
696 views

How important is the DUP support (at the moment) to the current ruling party in UK?

First of all, my understanding of Brexit has mostly come from reading stackexchange, so I apologize if this is a weird question in anyway I had the understanding that 10 MPs from the Northern ...
5
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2answers
341 views

What happens if the UK government refuses to function or carry out its duties?

The timeline of Brexit in recent weeks has involved an attempt to call an early general election by the government, which failed to meet the required two thirds majority of the entire house as set out ...
15
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2answers
4k views

For how long could UK opposition parties prevent new elections?

The UK government right now is nowhere close to having the majority of seats. They really need new elections, which at the moment IMO are not in the interest of the opposition. If the government ...
-2
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1answer
205 views

Brexit - What was the question that the Referendum answered? [closed]

In Douglas Adams' Hitchhikers Guide to the Galaxy, Deep Thought comes up with the answer to the question of 'Life, the Universe, and Everything', which is 42. It then says the that the answer seems ...
9
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1answer
467 views

Why did the Tories in the UK cancel their bid to filibuster the anti-no deal Brexit deal?

On Thursday, the Conservative Party in the UK decided not to pursue their filibuster of the bill intended to stop a no-deal Brexit. Why did they cancel their plans to filibuster it? See https://www....
44
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8answers
9k views

Why do the British opposition parties not want a new election?

I'm trying to understand why Labour and other parties do not want an election. The bill blocking the no-deal exit on the 31st of October will almost certainly pass today. That means that the no-deal ...
3
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1answer
363 views

Why would Boris Johnson not try to call an early general election by 'ordinary law' at this point?

According to some of the answers given to this question, it is possible that Boris Johnson could try to call an early UK general election by ordinary law, through an act of Parliament, which would not ...
-8
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1answer
329 views

Is British democracy anything other than a legal fiction? [closed]

Is British democracy anything other than a legal fiction right now. Including the EU referendum there have been 3 nation wide elections since 2016. 1) The initial decision to leave the EU. 2) a ...
5
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2answers
607 views

Is it possible to have no customs union and a soft border?

I know that there have been answers to similar questions in the context of Brexit, and the consensus seems to be that it's not possible. But in the question about why the US-Canada border is soft at ...
8
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1answer
347 views

Do the House of Lords debates get as rowdy as the House of Commons debates?

Some of the Brexit-related debates yesterday were quite wild in the House of Commons. It seems like the Speaker of the House is rather necessary to keep the debate from derailing into a shouting match....
3
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2answers
309 views

Has the EU published figures how much a month of article 50 extension costs?

There is a lot of talk about another article 50 extension in the Brexit issue. I've seen various people on both sides of the Brexit issue characterising the negotiations as a waste of time. For ...
13
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2answers
364 views

What forms of redress are available if a government decides to act illegally by omission?

At present, the UK parliament is attempting to pass legislation that would require Boris Johnson's government to take action to avoid a no-deal Brexit scenario. For the purposes of this question, I am ...
17
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5answers
8k views

Why are UK MPs allowed to abstain (but it counts as a no)?

When reading the results of the recent call for a general election the numbers were 298 for, 56 against. The motion failed to pass due to not reaching the 2/3 majority. It took a little digging to ...
4
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2answers
256 views

Can the opposition parties do anything within the timelimit if the PM refuses to ask the EU for an extension?

It's been noted on this site that even if Parliament passes an extension, Parliament can't ask the EU for an extension directly themselves, that the law covering withholding the asking of Royal Assent ...
5
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1answer
240 views

How is the bill blocking the no-deal Brexit useful?

The referred bill is the one mentioned in this page. I ask this question because I don’t understand the following: if Boris Johnson is truly determined to leave the EU without a deal, why can’t he ...