Doc Law Profile picture
Apr 4, 2018 10 tweets 6 min read
1. It is time it is made clear that one limb of our constitution - the judicary - will be thrown into legal chaos on exit day. No ifs, no buts, no coconuts! We all know civilised society depends on a functioning legal system; we're unlikely to have that. #FBPE #lawlessBrexit #FBR
2. Brexit has created divisions in Parliament and the public domain. Regardless of whether someone is Pro-EU or Pro-Brexit, there are far-reaching aftereffects relevant to the UK’s exit that must be addressed to ensure continuity and legal certainty on and after exit day.
3. The UK leaving the EU poses a significant challenge not simply for the Government and Parliament but also for the legal systems in the four Nations; it is a legal undertaking of a type and scale that is unique and unprecedented. Its a nightmare. #ABTV #WATON
4. The body of EU law is found in various places & in different constructs. Some of this body of law is embodied in existing UK primary legislation; some comes in the form of secondary legislation. Other components of EU law are directly effective in the UK (via the ECA 1972).
5. Some law is not actually in written form in the UK’s statute book at all. Also, some EU law is non-legislative in nature and instead consists of judgments held in the CJEU, regulatory decisions by EU agencies, or as common law precedent (how UK courts have interpreted EU law).
6. In the interest of continuity and legal certainty, provisions for the amendment of EU law need to be made prior to it coming into effect as UK law. We simply do not have the time for that. Instead we have a copy and paste exercise aka the European Union (Withdrawal) Bill 2017.
7. The amendments will vary in complexity from minor (e.g. repealing references to EU institutions) to major (replacing an EU regime with a UK regime). The process is complicated further cuz that the final structure of that law will depend on the outcome of UK/EU negotiations.
8. The Government will need abnormally wide powers to deliver legal certainty, which would normally need to be tightly limited and subject to close scrutiny by Parliament, for which new scrutiny mechanisms would be needed. The 'repeal bill' does not provide these safeguards.
9. As such, the EUW Bill raises a series of profound, wide-ranging and interlocking constitutional concerns as well as fundamentally undermining legal certainty in a number of ways. Our legal system is not, and will not be, ready for exit day - or for YEARS after.

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More from @doclaw13

Mar 31, 2018
1. Do you want to HURT the Tories for Brexit?

Well, here's how in a short thread:

The Govt’s proposal to delegate primary law making powers away from the scrutinising gaze of Parliament (thro the EUW Bill) relies heavily on local councils.

#FBR @nickreeves9876 #ABTV #FBPE
2. The legislative task presents at a national level offers an opportunity for Local Government to stake some claims. The local elections give US the opportunity to scuttle that plan. Put simply, Local Councilors have an eye on a bit of a power grab of their own here. #ABTV
3. Local authorities will have to take powers from Brussels (well, London) if Brexit plans are to be successful - the Govt doesn't have many options to implement the legislative power grab from our sovereign parliament - the task is just too vast. #ABTV
Read 8 tweets
Mar 15, 2018
a. The HoLs Constitution Committee stated the EUW Bill ‘risks fundamentally undermining legal certainty’. The statement echoes concerns that are reverberating through the UK legal system whilst being overlooked in the Brexit debate. Here are the issues:
#FBPE #WATON #ABTV #Remain
b. The Committee’s view echoes mine: crucial sections of the Bill are ‘conceptually flawed’ & that ‘retained EU law’ should form part of an Act of Parliament on Brexit day in order to safeguard legal certainty.
c. There is an insidious fallacy from Brexiteers that we are returning sovereignty to Parliament and 'taking back control' of our laws. The harsh legal and constitutional reality of the Bill demonstrates this to be nothing but a fetish. We will be doing nothing of the sort. #FBR
Read 20 tweets
Mar 12, 2018
1. The EU (Withdrawal) Bill the most important bill Parliament has deliberated for decades; its a constitutional and legal minefield. At present, my job is to amend several modules on an LLB Law course to prepare for Brexit. This thread highlights some issues.

#FBPE #WATON #ABTV
2. The EUW Bill does 3 things: repeals the ECA 1972; turns existing EU law into UK law; and gives govt Ministers the power to amend, discard and replace 'retained EU law' (EU laws converted into domestic law by the Bill). The latter equates to unprecedented Executive power.
3. The Bill's crucial for Brexit to happen, not least because the ECA 1972 has acted as a conduit for EU laws to be enshrined in domestic law for over 40 years. We've not the time to replace them with new legislation between now & March; a cut-and-paste approach has been adopted.
Read 16 tweets

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