>In justifying its attempt to unilaterally overturn parts of the post-Brexit agreement with the EU, the UK government has invoked a little-known legal principle known as the “doctrine of necessity”. The loophole is allowed by the UN’s International Law Commission to be used by a state facing “grave and imminent peril”. …
>*The doctrine of necessity is a term used to describe the basis on which extraconstitutional actions by administrative authority, which are designed to restore order or attain power on the pretext of stability, are found to be constitutional even if such an action would normally be deemed to be in contravention to established norms or conventions. It also includes the ability of a private person to violate a law without punishment where the violation of law was necessary to prevent even worse harm. The maxim on which the doctrine is based originated in the writings of the medieval jurist Henry de Bracton, and similar justifications for this kind of extra-legal action have been advanced by more recent legal authorities, including William Blackstone.*
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And back to the article:
>But the government’s ex-legal adviser [Jonathan Jones](https://nitter.net/SirJJQC) said the EU would find the use of the doctrine “completely unpersuasive”.
>
>He argued that the EU would view the move as “a very hostile act” tantamount to the UK “taking an axe to the withdrawal agreement” – of which the protocol was a significant part, ensuring no hard border on the island of Ireland but effectively creating a customs border down the Irish sea on goods travelling between it and Great Britain.
>
>“I have no doubt the EU will bring a legal challenge,” Jones said. But he added the UK appeared to be “seeking to undo the role of the European court itself so it’s very unclear whether it will even cooperate with any legal action or dispute resolution proceedings that the EU may bring, so I think we’re in for a very, very tangled episode following this bill.”
>
>[Mark Elliot](https://nitter.net/ProfMarkElliott), a professor of public law and chair of the faculty of law at the University of Cambridge, also believed there had been a clear breach of the withdrawal agreement by exempting parts of the protocol from it.
>
>He pointed out the International Law Commission precluded a state from being able to use the “doctrine of necessity” defence if it had “contributed to the situation of necessity”.
>
>Elliot added: “In the light of those requirements, it seems to me very difficult to argue that there is a situation in which the international law doctrine of necessity applies.” …
4 comments
>In justifying its attempt to unilaterally overturn parts of the post-Brexit agreement with the EU, the UK government has invoked a little-known legal principle known as the “doctrine of necessity”. The loophole is allowed by the UN’s International Law Commission to be used by a state facing “grave and imminent peril”. …
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A little heads up here [from wikipedia](https://en.wikipedia.org/wiki/Doctrine_of_necessity):
>*The doctrine of necessity is a term used to describe the basis on which extraconstitutional actions by administrative authority, which are designed to restore order or attain power on the pretext of stability, are found to be constitutional even if such an action would normally be deemed to be in contravention to established norms or conventions. It also includes the ability of a private person to violate a law without punishment where the violation of law was necessary to prevent even worse harm. The maxim on which the doctrine is based originated in the writings of the medieval jurist Henry de Bracton, and similar justifications for this kind of extra-legal action have been advanced by more recent legal authorities, including William Blackstone.*
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And back to the article:
>But the government’s ex-legal adviser [Jonathan Jones](https://nitter.net/SirJJQC) said the EU would find the use of the doctrine “completely unpersuasive”.
>
>He argued that the EU would view the move as “a very hostile act” tantamount to the UK “taking an axe to the withdrawal agreement” – of which the protocol was a significant part, ensuring no hard border on the island of Ireland but effectively creating a customs border down the Irish sea on goods travelling between it and Great Britain.
>
>“I have no doubt the EU will bring a legal challenge,” Jones said. But he added the UK appeared to be “seeking to undo the role of the European court itself so it’s very unclear whether it will even cooperate with any legal action or dispute resolution proceedings that the EU may bring, so I think we’re in for a very, very tangled episode following this bill.”
>
>[Mark Elliot](https://nitter.net/ProfMarkElliott), a professor of public law and chair of the faculty of law at the University of Cambridge, also believed there had been a clear breach of the withdrawal agreement by exempting parts of the protocol from it.
>
>He pointed out the International Law Commission precluded a state from being able to use the “doctrine of necessity” defence if it had “contributed to the situation of necessity”.
>
>Elliot added: “In the light of those requirements, it seems to me very difficult to argue that there is a situation in which the international law doctrine of necessity applies.” …
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Bonus article:
>[Public Law for Everyone: Mark Elliott: The Northern Ireland Protocol Bill](https://publiclawforeveryone.com/2022/06/13/the-northern-ireland-protocol-bill/)
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Add these:
>Times: [Northern Ireland protocol bill: EU pledges legal action over Brexit ‘violation’](https://www.thetimes.co.uk/article/northern-ireland-protocol-bill-eu-pledges-legal-action-over-brexit-violation-l7w3pnfpg) – ([🪞](https://archive.ph/YQdbE))
>
>The European Union will relaunch legal action against Britain tomorrow for violating the terms of Brexit after Boris Johnson announced detailed plans to override large parts of the Northern Ireland protocol
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>Telegraph: [EU ‘will restart legal action’ against UK over Northern Ireland Protocol](https://www.telegraph.co.uk/politics/2022/06/13/eu-will-restart-legal-action-against-uk-northern-ireland-protocol/) – ([🪞](https://archive.ph/XTUXD))
>
>The European Union will launch three separate lawsuits against Britain after the Government published plans to override the Northern Ireland Protocol
Why is the Guardian framing 2019 as a ‘landslide win’?
~14m votes from a population of ~70m only shows how poorly FPTP and the biased boundaries in britain serve the interests of the few
Let’s stop pretending, this is about bojo the liar and his flagging popularity. Burning a century of UK reputation for 6 weeks more in number 10.