Sionaidh Douglas-Scott: The ‘Great Repeal Bill’: Constitutional Chaos and Constitutional Crisis?

UK Constitutional Law Association

Sionaidh Douglas-ScottOn October 2, Theresa May set out plans for a ‘Great Repeal Bill’ to be included in the next Queen’s Speech. There is very little detail currently available, but it appears this Bill is intended to remove the European Communities Act (ECA) 1972 from the statute book following completion of the Brexit negotiations. It would also incorporate current applicable EU law into an Act of Parliament and then allow the government to decide if/when to repeal, amend or retain individual measures in the future, following Brexit.

It seems to be the intention to introduce this Bill into Parliament in 2017, but it will not come into force until after a Withdrawal Agreement is concluded and the UK has actually left the EU. It is not so unusual for Parliament to adopt legislation but specify an implementation date some time in the future. Some (John Redwood, for example) advocated changing UK…

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