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Can Brexit be Cancelled?

Whether you are a remainer or a Brexiteer it is legally possible that we are so far along the road of Brexit that we couldn’t change our mind even if we wanted to.

One person who wants to know for certain is Jolyon Maugham QC, a campaigner and founder of the Good Law Project that is fighting against Brexit.

The UK made its famous Article 50 declaration in March 2017 but if the government changed its mind there are three things that might happen:

  • Everything goes back to how it was before and we all pretend Brexit was a fever dream
  • The UK can rejoin but it is like a a new member state joining (i.e. no opt-outs and no special privileges for the UK; we might even be expected to commit to joining the Euro)
  • You can’t unring a bell. If the UK has declared it will leave the EU then that is what will happen

What the answer might be is fun to discuss if your idea of fun is debating the constitutional implications of Brexit.

Unfortunately for Maugham the courts have more important things to do than throw around hypotheticals and wade through mounds of evidence so the case was thrown out.

Yesterday a protective expenses order was granted meaning that the case will be appealed and may yet find its way to the Supreme Court but it is hard to imagine that this is a good idea. Even if the case is successful and we get a definitive answer, such a u-turn just doesn’t look to be on the cards.

Brexit is happening and the real debate is about what form it will take. The time has come for the remainers involved in this case to catch up and lend their minds to the real issues.