Saturday 7 January 2017

The so-called "Great Repeal Bill" is a fraud

This is a topic I'll likely return to in greater detail in some future post(s) but in this post I want to make the point that the so-called "Great Repeal Bill" is a fraud to be perpetrated on the British people by Theresa May's Government.

Why do I believe that?

There are two reasons which seem obvious to me.

First, the so-called "Great Repeal Bill" will repeal nothing.

Broadly, it would put into UK Law all EU Law which exists at the time of the proposed Brexit.

A more honest title would be the "Consolidation of European Union Law Bill".

Second, the Court of Justice of the European Union would continue to provide the final Court of appeal on that consolidated Law for, likely, decades to come.

Why?

Imagine a Court case between two parties which turns on some aspect of what is currently EU Law and which is transferred into UK Law by the "Consolidation of European Union Law Bill".

If the case turns on the exact nature of the Law that was consolidated into UK Law, the only authoritative voice on that question is the Court of Justice of the European Union.

The procedure to seek justice doesn't change.

The Court case ascends up from, say, the High Court through the Court of Appeal to the United Kingdom Supreme Court.

If the case turns on the interpretation of EU Law at the date of Brexit, the final authority on such a question will continue to be the Court of Justice of the European Union.

There are fascinating constiutional complexities which will need to be provided for.

For example, what rights of appeal to the Court of Justice of the European Union will United Kingdom individuals and businesses have post-Brexit?

If Threesa May "achieves" what I call "Trainwreck Brexit" will there be a legal limbo where there is no speicified right of appeal from the UK Supreme Court to the Court of Justice of the European Union?

If so, what damage will that do to business confidence with respect to future investment in the UK?

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