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Either @abcpoppins is right about #A50Challenge or we have a profound constitutional crisis, b/c it will be determined that Parliament can be tricked by a sleight of hand into giving the PM power to bypass a legally required process, in effect giving the PM power to break the law
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by @abcpoppins view original on Twitter
The decision process required by #A50 is simply that which separates democracy from dictatorship. Executive decides on policy within its party political perception of national interest, based on evidence, impact analysis, etc. parliament scrutinizes, then legislates if required.
As the EU ref was advisory (confirmed in Miller), this process is not bypassed. The ref result is simply one of the factors in the decision process, but not the only factor. There is scope on how much weight it is given, but not indefinite scope. It must be Wednesbury reasonable
The question #A50Challenge asks is not whether the decision to Brexit is Wednesbury reasonable, but whether there was a decision at all. A decision is a conclusion or resolution reached after consideration, a process involving assessment, including expert impact analysis.
Such a decision process would not be difficult to locate and identify. It is not like a decision to choose vanilla ice cream. The very fact of heated dispute about where the decision is strenghtens the #A50Challenge case. It is the most important challenge arising from Brexit.
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