1. Exquisite Tweets from @ProfMarkElliott

    PreoccupationsCollected by Preoccupations

    Now that EU (Withdrawal) Bill has survived second reading, focus must shift to amending it to address fundamental constitutional concerns +

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    ProfMarkElliott

    Mark Elliott

    A good starting point would be the recommendations made by the Lords Constitution Committee in March 2017

    publiclawforeveryone.com/2017/03/07/the…

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    Mark Elliott

    Committee urged a proportionate and targeted system of parliamentary scrutiny.

    Extraordinary powers call for corresponding oversight.

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    Mark Elliott

    Impact on territorial constitution (which got relatively little attention in Commons) must also be addressed.

    news.gov.scot/news/eu-withdr…

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    Mark Elliott

    If Bill is regarded as a 'power grab' by devolved nations, & if devolved consent is withheld, there's real risk of constitutional crisis

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    Mark Elliott

    Fundamental uncertainties in Bill must also be addressed, as Constitution Committee notes in latest report

    publiclawforeveryone.com/2017/09/07/hou…

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    Mark Elliott

    These aren't technical legal points. They go to stability of post-exit legal system.

    Basic rule of law issue.

    publiclawforeveryone.com/2017/09/07/art…

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    Mark Elliott

    I set out these uncertainties and call for their resolution in this post:

    publiclawforeveryone.com/2017/08/14/the…

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    Mark Elliott

    Arguing against Bill in current form isn't about "blocking Brexit".

    Nor is it about frustrating "the will of the people".

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    Mark Elliott

    Getting the Bill right is about attempting to ensure that Brexit happens in a constitutionally appropriate way.

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    Mark Elliott

    Whatever "will of people" was/is, hard to argue it extends to marginalisation of Parliament and unprecedented executive power.

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    ProfMarkElliott

    Mark Elliott

    If Brexit is about "taking back control", & prioritising "British values", then that surely extends to fundamental constitutional values

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    ProfMarkElliott

    Mark Elliott

    As it stands, Bill compromises those values.

    Undermines parliamentary sovereignty.

    And rule of law.

    And separation of powers.

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    ProfMarkElliott

    Mark Elliott

    And it risks destabilising the UK's very fragile territorial constitution, as First Ministers of Scotland and Wales have made clear.

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    ProfMarkElliott

    Mark Elliott

    Ball now in Parliament's court.

    But to enact Bill in present form would be dereliction of constitutional duty by parliamentarians.

    /ends

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    ProfMarkElliott

    Mark Elliott