The ex prime minster of the United Kingdom, John Major, has warned that Boris Johnson could use an 'order of council' to suspend the Benn Act (European Union (Withdrawal) (No. 2) Act 2019). Is this possible?
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No. There are almost no constitutional lawyers (at least, that I have seen make pronunciations on the subject) who seem to think that this is a serious means of forcing a no deal Brexit; such an attempt would be obviously unconstitutional and would almost certainly be injuncted in court within hours of such an order being issued. Orders of council cannot stymie an Act of Parliament, this is a well established constitutional principle. See https://davidallengreen.com/2019/09/brexit-padfield-and-the-benn-act/
Dan Scally
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