It looks like the constitutional crisis in this country can only get worse - unless the establishment and our politicians either properly obey the will of the people, or do what they really want to do - reverse Brexit and make EU law our only constitution.
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Yesterday I pointed to a potential Constitutional problem, if Boris Johnson refused to name a new UK Commissioner to the new EU Commission from the 1st of November, but is forced to ask for an Article 50 extension.
Because the EU would not be properly and legally formed if the UK were still a member after November the first, but had no Commissioner.
This could force the EU to automatically reject such an offer - but we all know that the likes of Gina Miller will be queueing up at the High Court to force the Prime Minister to appoint one, don't we?
Anyway, the Express is running with the story that Eurocrats are worried about the repercussions of Boris Johnson failing to write to Brussels to request that extension in the first place.
If he flatly refuses to do so, then to get an extension someone would have to write to someone to start the negotiations between the EU and UK for an Article 50 extension.
And I put it that way, as according to Article 50, there has to be a unanimous agreement between the leaving state and all the other EU27 member states for an extension, but it does not say which side has to ask for it first.
But, as I understand it, in treaty law the request has to come from either the head of state (in our case the Queen)..
