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Gavin Phillipson
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Prof_Phillipson
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Law Professor, Durham Uni: working in @commonslibrary (all opinions own); member Impress; press freedom, human rights, Art 50, UK constitution, Parlt & Brexit
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| Gavin Phillipson એ પુનઃટ્વીટ કરી | ||
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Maddy Thimont Jack
@ThimontJack
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3 કલાક |
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What might happen if Parliament rejects the #Brexit deal? The default under EU & UK law is the UK leaves 29 March 2019, deal or no deal...
@jasimsoncaird and I discuss different options with @BBCBenWright on @BBCWorldatOne (listen from about 11 mins in!) bbc.co.uk/sounds/play/m0…
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Gavin Phillipson
@Prof_Phillipson
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3 કલાક |
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Shrewd and very timely analysis here twitter.com/jasimsoncaird/…
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Gavin Phillipson
@Prof_Phillipson
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8 કલાક |
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They’re not incorrect just incomplete. Since only the Govt (not the Commons) can request an A50 extension needed to avoid a no deal exit if the deal is voted down, and only the EU27 can grant it they don’t explain how avoiding such an exit would actually come about. twitter.com/patrickkmaguir…
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Gavin Phillipson
@Prof_Phillipson
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8 કલાક |
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Queen wouldn’t choose; as in 2010 she would wait until the politicians had sorted it out. Till then May (or poss Liddington would stay on as a caretaker PM.
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Gavin Phillipson
@Prof_Phillipson
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8 કલાક |
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The FTPA doesn’t define confidence motions in general or when Governments must resign. It deals *only* with motions necessary to bring about a General Election.
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Gavin Phillipson
@Prof_Phillipson
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22 કલાક |
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Ah ok - have to think about that
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Gavin Phillipson
@Prof_Phillipson
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23 કલાક |
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'Govts are expected by convention to observe discretion in initiating any new action of a continuing or long-term character in the period immediately preceding an election, immediately afterwards if the result is unclear, and following the loss of a vote of confidence' CM 2.27
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Gavin Phillipson
@Prof_Phillipson
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23 કલાક |
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I agree: we urgently need a formal process by which the Commons nominates a PM; there is a perfectly good model in the Scotland Act, s 46 re the choice of First Minister. legislation.gov.uk/ukpga/1998/46/…
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Gavin Phillipson
@Prof_Phillipson
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23 કલાક |
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If this is the argument I think it is, then why wouldn't Norwegian citizens (in the Single Market but with no vote on the huge amount of rules that go with it) have been having their rights violated all this time?
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Gavin Phillipson
@Prof_Phillipson
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23 કલાક |
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All sounds pretty much right to me, save assumes there is a Govt that definitely *can* command the confidence of the Commons. There may only be one that is "best placed to" for now, perhaps because opposition parties don't think in interests to collapse it for now.
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Gavin Phillipson
@Prof_Phillipson
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23 કલાક |
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UK's had periods of minority government tho not certain without checking whether were appointed *as* minority governments. A minority govt may be able to govern for a period quite simply if there is no other alternative govt and opposition parties don't currently want an election
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Gavin Phillipson
@Prof_Phillipson
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22 નવે |
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Indeed - so only applies if the UK *wants* such cooperation. But if does apply and requires ECHR membership then has general effect
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Gavin Phillipson
@Prof_Phillipson
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22 નવે |
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No because test is who is 'best paced' to command the confidence of the Commons. Only becomes problematic when one party (or a defined coalition etc) doesn't command an actual majority...E.g. choices are a 'strong' minority govt versus a fragile looking coalition with a majority
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Gavin Phillipson
@Prof_Phillipson
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22 નવે |
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I'm having that title! You LQR definitely allows footnotes to tweets these days...?
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Gavin Phillipson
@Prof_Phillipson
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22 નવે |
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Agree that Palace will clearly - and rightly - try waiting in silence for a clear candidate to emerge in every situation. Just is possible to think of scenarios where that wouldn't necessarily work albeit (fortunately) ones unlikely to materialise, esp given FTTP electoral system
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Gavin Phillipson
@Prof_Phillipson
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22 નવે |
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There we go. And in some cases obviously otioise (as e.g. when Blair handed over to Brown).
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Gavin Phillipson
@Prof_Phillipson
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22 નવે |
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Yep. But there is linkage: acceding to the ECHR is now required for countries wanting to become members of EU. And the future Treaty could include a commitment by the UK to remain a signatory to the ECHR
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Gavin Phillipson
@Prof_Phillipson
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22 નવે |
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but this changed from previous version which apparently said: 'continued adherence to the ECHR and its system of enforcement' which more definite still!'
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Gavin Phillipson
@Prof_Phillipson
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22 નવે |
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Been pointed to para 83: future relationship 'should also be underpinned by long-standing commitments to the fundamental rights of individuals, including continued adherence and giving effect to the ECHR' which sounds much stronger and more definite than para 7 @colmocinneide
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Gavin Phillipson
@Prof_Phillipson
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22 નવે |
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Trouble is we don't know what would be asked and are never allowed to know what was actually asked or advised.
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