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Barnhill, Jura. June 2015. (Thanks to the kindness of the Fletcher family).

The ‘Misrepresentation of the People Act’?

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Edited by John Gynn, Tuesday, 11 Apr 2017, 14:47

A number of commentators have queried whether the ‘Great Repeal Bill’ - which will seek to cover the modesty of domestic law as the tide of European Union law ebbs at the conclusion of the TEU Article 50 process – is an appropriate short title given that the immediate purpose is continuity rather than repeal.

Thames looking towards the Queen Elizabeth Tower with Big Ben

The Thames tide ebbs

In HP Bulmer ltd.& another v. J Bollinger SA & others [1974] 2 All ER 1226, Lord Denning said: “[W]hen we come to matters with a European element, the treaty is like an incoming tide. It flows into the estuaries and up the rivers. It cannot be held back. Parliament has decreed that the treaty is henceforward to be part of our law. It is equal in force to any statute. ”

Even beyond a similarity in short titles, the Great Repeal Bill has further echo of the Great Reform Act 1832 (properly styled the Representation of the People Act 1832) in the family ties between two formidable parliamentarians involved in each: John Bright MP and Bill Cash MP. Both would point to the promotion of democratic representation lying at the heart of their formidable respective lobbying.

But with concerns over the accuracy of information provided by both sides of the EU referendum debate perhaps the ‘Misrepresentation of the People Act’ might be a suitable short title.

The Great Repeal Bill considered:

http://www.parliament.uk/business/committees/committees-a-z/lords-select/constitution-committee/news-parliament-2015/academics-evidence/

The Reform Act 1832:

http://www.parliament.uk/about/living-heritage/evolutionofparliament/houseofcommons/reformacts/overview/reformact1832/

A much more artistic representation of the people in the ebb and flow of the tide:

http://www.underwatersculpture.com/


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