Law-making & Brexit: A New Era?

Question 1

role of referendum

Answer 1

1. unknown to to constitution before 1972
2. 13 held in total: 3 were in UK (2 in EEC, 1 in EU)
3. no written constitutional restrictions on use of referendum in UK when written constitution is absence

Question 2

indépendant commission on referendum (2018)

Answer 2

1. referendum don’t replace representative institution
2. referendum must be fair- enable level playing field
3. regulation is crucial
4. referendum should take place post-legislation (1975)

Question 3

Brexit & Henry VIII powers

Answer 3

1. EU (withdrawal) act 2018 gives ministers significant Henry VIII powers
2. provides for repeal of ECA 1972 on ‘exit day’
3. provides all existing EU laws to remain in force until repealed
4. ministers will have power to amend or remove laws individually

Question 4

section 8

Answer 4

1. ministers can make provisions to consider ways to prevent, remedy or mitigate:
   * any failure of retained EU law to operate effectively, or
   * deficiency in retained EU law

Question 5

section 9

Answer 5

1. gives ministers’ power to make decisions’ for purpose of implementing withdrawal agreement if minister considers provision to be in force on exit day
2. power depends on parliament passing act that approves final term of withdrawal agreement
3. power can’t impose taxes

Question 6

enhanced role for parliament in Brexit process

Answer 6

1. amending government bill
2. defeating government in key votes
3. seizing control of parliamentary timetable
4. challenging decision to prorogue parliament for 5 weeks in run up to exit day

Question 7

referendum

Answer 7

direct vote on issue by eligible voters in elections