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Old 20th Jan 2019, 19:39
  #3161 (permalink)  
Gertrude the Wombat
Join Date: Nov 2000
Location: Cambridge, England, EU
Posts: 3,426
Originally Posted by tescoapp View Post
You can't get an act of parliament through without the house sitting and no MP's to vote on it. Which would be required to cancel (thanks to Gina) or to kill the current act that specifies the leaving date.
(1) Possibly not, because the Scottish courts decided they didn't feel like ruling on that point. The argument is that the Miller case showed that you need an act to take away citizens' rights, but as revoking A50 doesn't take away anybody's right to anything it can still be done just by the government.

(2) Like all sensible decision making bodies, central government has a fallback for when there isn't a parliament or when there isn't time for parliament to do something. I'm not sure of the precise constitutional details of orders in council, but some combination of the Queen, the government (which still exists when there isn't a parliament) and the Privy Council can push through new laws, with any argument to take place after the fact.
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