One thought on “Not So Fast with AV in a Second Referendum

  1. All these blog postings are putting the cart before the horse. First, if a deal is to be agreed with the EU27, it has to be agreed well before the leaving date because it has to be ratified by EU bodies. I would also argue that Parliament not the general population is the only body competent to decide whether to accept or reject the deal. The 2016 referendum effectively authorised the Government to negotiate a deal, because that is what the Government said it would do following the referendum and that position was supported by Parliament in their vote on the Article 50 notification. If Parliament had wished to reject the Government’s approach, then they could have refused to pass the Article 50 bill.

    So, there are two possibilities:
    1) The Government fails to reach an agreement with the EU. If nothing is done then the UK leaves the EU with no deal after 29th March 2019. A referendum could be held between withdrawing the Article 50 notice (either because the CJEU rules that it is unilaterallay revocable or by agreement with the EU27) or leaving with no deal. This would be a straightforward binary choice.

    2) The Government reaches an agreement with the EU
    2a) Parliament approves the agreement – no referendum is needed because Parliament has completed the process.
    2b) Parliament rejects the agreement. Now, I argue that it is unreasonable to put the option of accepting the agreement to the people in a referendum after Parliament has already rejected it as the UK is a representative democracy. Again, this leaves a binary choice between Remain and No Deal.

    If we recognise that both People and Parliament have a role to play in Brexit and that these roles are complementary, then the problems discussed here are illusory.

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