Essexyellows
Well-known member
- Joined
- 7 Dec 2017
- Messages
- 17,340
Yes the good old "what ifs" like we need more uncertainty!!
Then we get into constitutional law......
"Rodney Brazier argues that the ‘only circumstances in which the withholding of royal assent might be justifiable would be where the Government itself were to advise such a course’ (de Smith & Brazier Constitutional and Administrative Law 127). Brazier’s says elsewhere (LQR 2013) that ministers might advise the Queen to refuse assent where ‘a private member’s bill had passed both Houses, perhaps on a free vote but which ministers opposed’. Twomey suggests that this scenario is ‘more likely to arise in a hung Parliament’ (624).
Twomey also points out that Lindell ‘has given some of the closest attention to this issue’ and he makes the important point that in the end parliament ‘can move a vote of no confidence’ if assent is refused. Further, Lindell ‘recognises the potential clash between’ representative and responsible government but Twomey makes clear that, in her view, the confidence of parliament is key, arguing that ‘ministers must maintain their status as responsible to Parliament in order to be entitled to give that advice’ (625). This must be right. The doctrine of confidence is one of the absolutely core doctrines of the UK political constitution. "
Then we get into constitutional law......
"Rodney Brazier argues that the ‘only circumstances in which the withholding of royal assent might be justifiable would be where the Government itself were to advise such a course’ (de Smith & Brazier Constitutional and Administrative Law 127). Brazier’s says elsewhere (LQR 2013) that ministers might advise the Queen to refuse assent where ‘a private member’s bill had passed both Houses, perhaps on a free vote but which ministers opposed’. Twomey suggests that this scenario is ‘more likely to arise in a hung Parliament’ (624).
Twomey also points out that Lindell ‘has given some of the closest attention to this issue’ and he makes the important point that in the end parliament ‘can move a vote of no confidence’ if assent is refused. Further, Lindell ‘recognises the potential clash between’ representative and responsible government but Twomey makes clear that, in her view, the confidence of parliament is key, arguing that ‘ministers must maintain their status as responsible to Parliament in order to be entitled to give that advice’ (625). This must be right. The doctrine of confidence is one of the absolutely core doctrines of the UK political constitution. "
Robert Craig: Could the Government Advise the Queen to Refuse Royal Assent to a Backbench Bill?
Introduction As is well known, the Government’s Withdrawal Agreement was voted down in Parliament last week by 230 votes in a ‘meaningful vote’ mandated under s 13(1) of European Withdrawal Act 201…
ukconstitutionallaw.org