Parliament Cannot Bind Future ParliamentsIf the EU does not offer an extension to UK's Article 50 invocation, is the Benn Bill irrelevant?Can the UK Parliament introduce a constitution that would be legally binding to future parliaments?Will member state parliaments have the opportunity to ratify the UK/EU deal before exit day?Would a Government who lose the confidence of the House really delay an election until after the event over which that confidence was lost transpires?What will happen if Parliament votes “no” on each of the Brexit-related votes to be held on the 12th, 13th and 14th of March?Does Parliament need to approve the new Brexit delay to 31 October 2019?Could the UK amend the European Withdrawal Act and revoke the Article 50 invocation?Could Boris Johnson theoretically ignore any legislation passed to prevent no-deal brexit?Is it necessary to hold a Queen’s Speech, and prorogue parliament, to propose new bills?Can Boris Johnson request a Brexit extension to November 1st?What happens to the Queens Speech now?
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Parliament Cannot Bind Future Parliaments
If the EU does not offer an extension to UK's Article 50 invocation, is the Benn Bill irrelevant?Can the UK Parliament introduce a constitution that would be legally binding to future parliaments?Will member state parliaments have the opportunity to ratify the UK/EU deal before exit day?Would a Government who lose the confidence of the House really delay an election until after the event over which that confidence was lost transpires?What will happen if Parliament votes “no” on each of the Brexit-related votes to be held on the 12th, 13th and 14th of March?Does Parliament need to approve the new Brexit delay to 31 October 2019?Could the UK amend the European Withdrawal Act and revoke the Article 50 invocation?Could Boris Johnson theoretically ignore any legislation passed to prevent no-deal brexit?Is it necessary to hold a Queen’s Speech, and prorogue parliament, to propose new bills?Can Boris Johnson request a Brexit extension to November 1st?What happens to the Queens Speech now?
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The recent act passed in by the UK Parliament EU Withdrawal No.2 Act, that forces the Prime Minister to seek an extension if no deal is agreed or parliament does not agree to no deal, is said by the Prime Minister to bind his hands when negotiating with the European Union.
If Parliament is prorogued (legally for a few days) in order for a Queens Speech and creating a new Parliamentary Session, would the bill mentioned above be an example of a bill that binds the future Parliament which is shown in this answer to not be allowed by the UK's uncodified constitution?
united-kingdom brexit parliament
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The recent act passed in by the UK Parliament EU Withdrawal No.2 Act, that forces the Prime Minister to seek an extension if no deal is agreed or parliament does not agree to no deal, is said by the Prime Minister to bind his hands when negotiating with the European Union.
If Parliament is prorogued (legally for a few days) in order for a Queens Speech and creating a new Parliamentary Session, would the bill mentioned above be an example of a bill that binds the future Parliament which is shown in this answer to not be allowed by the UK's uncodified constitution?
united-kingdom brexit parliament
edited 3 hours ago
JJJ
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asked 8 hours ago
PandaPopsPandaPops
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5
The key point is that you can't write a law that says "PS This law cannot be changed." Any future parliament can change any law given a majority in favour of that change.
– Jontia
8 hours ago
This phrase is much misunderstood. As Jontia says above, and JJJ in their answer below, all it means is that any Act of Parliament can be repealed and amended by any other Act of Parliament. That's it.
– Steve Melnikoff
7 hours ago
add a comment
|
The recent act passed in by the UK Parliament EU Withdrawal No.2 Act, that forces the Prime Minister to seek an extension if no deal is agreed or parliament does not agree to no deal, is said by the Prime Minister to bind his hands when negotiating with the European Union.
If Parliament is prorogued (legally for a few days) in order for a Queens Speech and creating a new Parliamentary Session, would the bill mentioned above be an example of a bill that binds the future Parliament which is shown in this answer to not be allowed by the UK's uncodified constitution?
united-kingdom brexit parliament
edited 3 hours ago
JJJ
13.8k5 gold badges43 silver badges85 bronze badges
asked 8 hours ago
PandaPopsPandaPops
282 bronze badges
New contributor
PandaPops is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
The recent act passed in by the UK Parliament EU Withdrawal No.2 Act, that forces the Prime Minister to seek an extension if no deal is agreed or parliament does not agree to no deal, is said by the Prime Minister to bind his hands when negotiating with the European Union.
If Parliament is prorogued (legally for a few days) in order for a Queens Speech and creating a new Parliamentary Session, would the bill mentioned above be an example of a bill that binds the future Parliament which is shown in this answer to not be allowed by the UK's uncodified constitution?
united-kingdom brexit parliament
united-kingdom brexit parliament
edited 3 hours ago
JJJ
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asked 8 hours ago
PandaPopsPandaPops
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PandaPops is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
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edited 3 hours ago
JJJ
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asked 8 hours ago
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edited 3 hours ago
JJJ
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edited 3 hours ago
JJJ
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edited 3 hours ago
JJJ
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asked 8 hours ago
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PandaPops is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
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asked 8 hours ago
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asked 8 hours ago
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282 bronze badges
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5
The key point is that you can't write a law that says "PS This law cannot be changed." Any future parliament can change any law given a majority in favour of that change.
– Jontia
8 hours ago
This phrase is much misunderstood. As Jontia says above, and JJJ in their answer below, all it means is that any Act of Parliament can be repealed and amended by any other Act of Parliament. That's it.
– Steve Melnikoff
7 hours ago
add a comment
|
5
The key point is that you can't write a law that says "PS This law cannot be changed." Any future parliament can change any law given a majority in favour of that change.
– Jontia
8 hours ago
This phrase is much misunderstood. As Jontia says above, and JJJ in their answer below, all it means is that any Act of Parliament can be repealed and amended by any other Act of Parliament. That's it.
– Steve Melnikoff
7 hours ago
5
5
The key point is that you can't write a law that says "PS This law cannot be changed." Any future parliament can change any law given a majority in favour of that change.
– Jontia
8 hours ago
The key point is that you can't write a law that says "PS This law cannot be changed." Any future parliament can change any law given a majority in favour of that change.
– Jontia
8 hours ago
This phrase is much misunderstood. As Jontia says above, and JJJ in their answer below, all it means is that any Act of Parliament can be repealed and amended by any other Act of Parliament. That's it.
– Steve Melnikoff
7 hours ago
This phrase is much misunderstood. As Jontia says above, and JJJ in their answer below, all it means is that any Act of Parliament can be repealed and amended by any other Act of Parliament. That's it.
– Steve Melnikoff
7 hours ago
add a comment
|
1 Answer
1
active
oldest
votes
would the bill mentioned above be an example of a bill that binds the future Parliament which is shown in this answer to not be allowed by the UK's uncodified constitution?
No, because it does not bind that parliament. Parliament can simply pass new legislation to nullify what's required from the PM in that act. That's unlikely to happen because parliament still supports it (given that they're the same people), but nothing prevents them from changing the law other than the will of parliament itself.
answered 8 hours ago
JJJJJJ
13.8k5 gold badges43 silver badges85 bronze badges
Would a bill need to expressly nullify the former, or would voting and passing a no deal Brexit be satisfactory?
– K Dog
8 hours ago
1
@KDog that's a good question, but in practice it's not that interesting. If parliament supports no deal then they can easily deal with this too in whatever way is legally required. The problem is that there's no majority for any deal or no deal that's also acceptable to the EU. There was a majority for not having no deal and that's where this law comes from.
– JJJ
7 hours ago
@KDog: politics.stackexchange.com/questions/45662/…
– Fizz
7 hours ago
3
A good example is the Fixed-term Parliaments Act. That requires a 2/3 supermajority to pass the resolution: "That there shall be an early parliamentary general election". That's perfectly lawful. If it also said, this Bill can only be superseded or repealed with a 2/3 majority, that would be unlawful.
– richardb
7 hours ago
add a comment
|
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would the bill mentioned above be an example of a bill that binds the future Parliament which is shown in this answer to not be allowed by the UK's uncodified constitution?
No, because it does not bind that parliament. Parliament can simply pass new legislation to nullify what's required from the PM in that act. That's unlikely to happen because parliament still supports it (given that they're the same people), but nothing prevents them from changing the law other than the will of parliament itself.
answered 8 hours ago
JJJJJJ
13.8k5 gold badges43 silver badges85 bronze badges
Would a bill need to expressly nullify the former, or would voting and passing a no deal Brexit be satisfactory?
– K Dog
8 hours ago
1
@KDog that's a good question, but in practice it's not that interesting. If parliament supports no deal then they can easily deal with this too in whatever way is legally required. The problem is that there's no majority for any deal or no deal that's also acceptable to the EU. There was a majority for not having no deal and that's where this law comes from.
– JJJ
7 hours ago
@KDog: politics.stackexchange.com/questions/45662/…
– Fizz
7 hours ago
3
A good example is the Fixed-term Parliaments Act. That requires a 2/3 supermajority to pass the resolution: "That there shall be an early parliamentary general election". That's perfectly lawful. If it also said, this Bill can only be superseded or repealed with a 2/3 majority, that would be unlawful.
– richardb
7 hours ago
add a comment
|
would the bill mentioned above be an example of a bill that binds the future Parliament which is shown in this answer to not be allowed by the UK's uncodified constitution?
No, because it does not bind that parliament. Parliament can simply pass new legislation to nullify what's required from the PM in that act. That's unlikely to happen because parliament still supports it (given that they're the same people), but nothing prevents them from changing the law other than the will of parliament itself.
answered 8 hours ago
JJJJJJ
13.8k5 gold badges43 silver badges85 bronze badges
Would a bill need to expressly nullify the former, or would voting and passing a no deal Brexit be satisfactory?
– K Dog
8 hours ago
1
@KDog that's a good question, but in practice it's not that interesting. If parliament supports no deal then they can easily deal with this too in whatever way is legally required. The problem is that there's no majority for any deal or no deal that's also acceptable to the EU. There was a majority for not having no deal and that's where this law comes from.
– JJJ
7 hours ago
@KDog: politics.stackexchange.com/questions/45662/…
– Fizz
7 hours ago
3
A good example is the Fixed-term Parliaments Act. That requires a 2/3 supermajority to pass the resolution: "That there shall be an early parliamentary general election". That's perfectly lawful. If it also said, this Bill can only be superseded or repealed with a 2/3 majority, that would be unlawful.
– richardb
7 hours ago
add a comment
|
would the bill mentioned above be an example of a bill that binds the future Parliament which is shown in this answer to not be allowed by the UK's uncodified constitution?
No, because it does not bind that parliament. Parliament can simply pass new legislation to nullify what's required from the PM in that act. That's unlikely to happen because parliament still supports it (given that they're the same people), but nothing prevents them from changing the law other than the will of parliament itself.
answered 8 hours ago
JJJJJJ
13.8k5 gold badges43 silver badges85 bronze badges
would the bill mentioned above be an example of a bill that binds the future Parliament which is shown in this answer to not be allowed by the UK's uncodified constitution?
No, because it does not bind that parliament. Parliament can simply pass new legislation to nullify what's required from the PM in that act. That's unlikely to happen because parliament still supports it (given that they're the same people), but nothing prevents them from changing the law other than the will of parliament itself.
answered 8 hours ago
JJJJJJ
13.8k5 gold badges43 silver badges85 bronze badges
answered 8 hours ago
JJJJJJ
13.8k5 gold badges43 silver badges85 bronze badges
answered 8 hours ago
JJJJJJ
13.8k5 gold badges43 silver badges85 bronze badges
answered 8 hours ago
JJJJJJ
13.8k5 gold badges43 silver badges85 bronze badges
13.8k5 gold badges43 silver badges85 bronze badges
Would a bill need to expressly nullify the former, or would voting and passing a no deal Brexit be satisfactory?
– K Dog
8 hours ago
1
@KDog that's a good question, but in practice it's not that interesting. If parliament supports no deal then they can easily deal with this too in whatever way is legally required. The problem is that there's no majority for any deal or no deal that's also acceptable to the EU. There was a majority for not having no deal and that's where this law comes from.
– JJJ
7 hours ago
@KDog: politics.stackexchange.com/questions/45662/…
– Fizz
7 hours ago
3
A good example is the Fixed-term Parliaments Act. That requires a 2/3 supermajority to pass the resolution: "That there shall be an early parliamentary general election". That's perfectly lawful. If it also said, this Bill can only be superseded or repealed with a 2/3 majority, that would be unlawful.
– richardb
7 hours ago
add a comment
|
Would a bill need to expressly nullify the former, or would voting and passing a no deal Brexit be satisfactory?
– K Dog
8 hours ago
1
@KDog that's a good question, but in practice it's not that interesting. If parliament supports no deal then they can easily deal with this too in whatever way is legally required. The problem is that there's no majority for any deal or no deal that's also acceptable to the EU. There was a majority for not having no deal and that's where this law comes from.
– JJJ
7 hours ago
@KDog: politics.stackexchange.com/questions/45662/…
– Fizz
7 hours ago
3
A good example is the Fixed-term Parliaments Act. That requires a 2/3 supermajority to pass the resolution: "That there shall be an early parliamentary general election". That's perfectly lawful. If it also said, this Bill can only be superseded or repealed with a 2/3 majority, that would be unlawful.
– richardb
7 hours ago
Would a bill need to expressly nullify the former, or would voting and passing a no deal Brexit be satisfactory?
– K Dog
8 hours ago
Would a bill need to expressly nullify the former, or would voting and passing a no deal Brexit be satisfactory?
– K Dog
8 hours ago
1
1
@KDog that's a good question, but in practice it's not that interesting. If parliament supports no deal then they can easily deal with this too in whatever way is legally required. The problem is that there's no majority for any deal or no deal that's also acceptable to the EU. There was a majority for not having no deal and that's where this law comes from.
– JJJ
7 hours ago
@KDog that's a good question, but in practice it's not that interesting. If parliament supports no deal then they can easily deal with this too in whatever way is legally required. The problem is that there's no majority for any deal or no deal that's also acceptable to the EU. There was a majority for not having no deal and that's where this law comes from.
– JJJ
7 hours ago
@KDog: politics.stackexchange.com/questions/45662/…
– Fizz
7 hours ago
@KDog: politics.stackexchange.com/questions/45662/…
– Fizz
7 hours ago
3
3
A good example is the Fixed-term Parliaments Act. That requires a 2/3 supermajority to pass the resolution: "That there shall be an early parliamentary general election". That's perfectly lawful. If it also said, this Bill can only be superseded or repealed with a 2/3 majority, that would be unlawful.
– richardb
7 hours ago
A good example is the Fixed-term Parliaments Act. That requires a 2/3 supermajority to pass the resolution: "That there shall be an early parliamentary general election". That's perfectly lawful. If it also said, this Bill can only be superseded or repealed with a 2/3 majority, that would be unlawful.
– richardb
7 hours ago
add a comment
|
PandaPops is a new contributor. Be nice, and check out our Code of Conduct.
PandaPops is a new contributor. Be nice, and check out our Code of Conduct.
PandaPops is a new contributor. Be nice, and check out our Code of Conduct.
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5
The key point is that you can't write a law that says "PS This law cannot be changed." Any future parliament can change any law given a majority in favour of that change.
– Jontia
8 hours ago
This phrase is much misunderstood. As Jontia says above, and JJJ in their answer below, all it means is that any Act of Parliament can be repealed and amended by any other Act of Parliament. That's it.
– Steve Melnikoff
7 hours ago