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Calling a vote in Parliament and preparing a case in court both use up a lot of resources. They won't spend a ton of time and money on preparing something for Parliament to vote on until they know they have to.
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Why even have a referendum if the result can't be acted on.
The powers that be must have known prior to this if this process was legal and signed off, all this is going to achieve now is that the half that voted leave will now be as peed off as the half that voted remain - what a crock. |
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As suspected, the lawyers are lining up at the trough. How are negotiations supposed to be worked out if you have to publicly vote on your stance beforehand?
http://www.bbc.co.uk/news/uk-politics-37857785 |
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It seems the heart of the case is that something which impacts upon citizen's rights cannot be done via Royal Prerogative instead of Parliament. The Goverment's argument was that this isn't the case as Article 50 is covered under foreign affairs.
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If the rule of Parliament is meant to be so supreme, how come none of the EU treaties and directives can be overturned by Parliament? By allowing Article 50 in a treaty in the first place, Parliament has already given away its responsibility of it.
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I quite liked this in another forum
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The whole point of a referendum is that it is ABOVE Parliament. People should not have to vote on MPs solely on the basis of a single major issue, especially one that crosses party lines.
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The issue isn't the Government reneging on the promise to implement Brexit but if they have the legal authority to implement it without a Parliamentary vote.
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One thing's for sure - it's going to be a hard Brexit but possibly not in the way that some Leavers anticipated! ;)
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Ah yes this thing.
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It is hoped that the judges in the Supreme Court, when this goes to appeal will have more common sense and uphold the Governments case for appeal. I think however, they will need to improve upon their wording, to take their case forward. I am pleased though that the PM is remaining firm that her plans to invoke Article 50 will not be derailed and rightfully so. |
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Also allowing Parliament to vote will not make us a dictatorship. That is going a bit far. Parliament is part of our democracy. Taking power away from the Crown and giving it to Parliament was a key part of transition to democracy. If anything we want to limit the powers the crown has precisely to avoid a dictatorship. This is more about legal and constitutional process. It was a bit of a mess not making the vote binding but there are questions on how much power the Government has to use royal prerogative. From what I can work out the referendum give her moral legitimacy to use it but not legal legitimacy and that could prove a problem. From what I have read about the case the Government didn't use the referendum as the basis of their defense and instead attempted to characterise this as foreign policy and therefore within their domain. |
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Considering we have referenda about once every 40 years, maybe they should make them legally binding and save all this bs.
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I expect the Supreme Court will do as they are told despite the Govt. arrogantly trying to by-pass parliament. Its good they've been brought to account for now. Don't think MPs would stop Brexit anyway, they haven't the guts, but they do need to have a say on how its done. The Ice Queen is looking increasingly error prone with this and Grammar schools. Doesn't she look tired ? ;) |
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I think Cameron has done the country a great disservice .In allowing the referendum he gave the people what they wanted but rather arrogantly presumed to know how they would vote and must have thought that it would be business as usual after the result .I would have loved to have been a fly on the wall of no 10 on the morning of the rsult |
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Oh wait - you're being serious.... ;) |
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Parliament gave the decision to the people, the people chose that we leave, no back room deals, no stupid, well we will keep this or keep that arrangement. Leave meant leave, as far as I am concerned and that means leave everything to do with the EU, we can keep most of their useful laws, that is still to be decided. Once we leave, we can then arrange the trade deals with other nations. It's ludicrous to suggest that it is a dictatorship, that the PM is going to invoke Article 50, bypassing Parliamentary process, when actually it already went through one when it voted overwhelmingly to give the British people the vote. So democracy took place and it was answered, leave meant leave. It did not ask on the ballot paper, do you want to leave but keep this or keep that? It simply asked if we wished to leave the EU or stay and it was decided by 17.4 Million people. You are not telling me Gina Miller, the one who took this the Courts, a staunch remoaner, cares so deeply about Parliamentary scrutiny ? Not a chance. I firmly believe she wants this to pass through the veto route, because bless her, it was said, she felt so unwell when Brexit won. |
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He should have had some Brexit :)
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However Parliament have a clear message they have to allow Article 50 to pass. In the remote chance they do not it is a constitutional crisis but one which is easily solved via a General Election in which the voters will make it all too clear what they think of it. Quote:
Remember even manifesto promises have to be waved though Parliament. The Governments' ability to act without Parliamentary approval is limited. |
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The people answered that decision, now it is up to the government to enact the process, it should not have to go through Parliament a second time round. |
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And of course, opinions change. We saw oday that many Asians who were targeted by Vote Leave have felt they were betrayed as Indian Sub-Continent work visas have not increased and they feel this threatens the viability of Indian restaurants in the UK. The growth of hate crime post the Brexit vote and steep rise in imported ingredients costs due to the weakened £ has further eroded support from this demographic. |
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The judges can only deal with the law. They can't take public mood into account, it's not their job. So whilst I agree with you that it's both morally and politically right for the Government to enact Brexit the law says it doesn't have the power to do so. The judges probably made the right decision. The next question is if that law is correct. I believe it is because the alternative is that the Government can revoke acts passed by Parliament without a Parliamentary vote. Now in this case that isn't a major crisis because we know she has the public behind here on that. However the law and Parliamentary process is technical and doesn't allow for exceptions such as that. ---------- Post added at 21:01 ---------- Previous post was at 20:57 ---------- Quote:
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We voted to leave, so we should leave - I would just like Parliamentary oversight on the process.
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They lost the court battle, stop wingeing about it!!!
I do wish brexiteers should stop moaning about it and get on with making parliament work, I do wish we should stop talking legal system down like it prevents the odd murder or two and instead be positive for a change about making decisions within the confinements of law. We have a great opportunity to be creative here and make it perfectly legal. Because they lost court battle I strongly believe the law means the law and we must adhere to it and I am pushing for a hard act of full reading of acts followed by several months of House of Lords debate followed by autumn statement of intent and a general election After all, this is about taking control after all <<insert daily express style link here>> |
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GENERAL WARNING
A number of members seem to think it is acceptable to wind each other up with constant, low-level needling and insults. The team is aware of what's going on and who's involved. We are watching and will be issuing infractions to members who can't discuss the issues and a polite and constructive manner. |
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If Scotland had voted Yes in their referendum, would anyone seriously be saying that Parliament had to still to ratify it and would say no?
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Nigel was upset about the vote:
I now fear every attempt will be made to block or delay triggering Article 50. They have no idea level of public anger they will provoke. I like the reply from this dude: @Nigel_Farage It is a british court applying british law serving justice to british people. Isnt that right up your alley? |
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If it stands the ramifications of the court decision go deeper than just Brexit.
Nothing wrong with the primacy of Parliament over the incumbent government. Just need to roll everything back 20 years or so. |
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The papers are pretty hysterical this morning. They don't seem to understand the purpose of a independent judicially.
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It's all heat and very little light from both sides. Outraged brexiteers on one hand and smug Remainers on the other, who seem genuinely to think this is the beginning of the end of Brexit.
I'm pretty darned sure whatever happens between now and 2020, the uk is going to stop being a member of the EU. |
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When did 'unelected' judges become a thing anyway? They're always unelected.
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exactly what has to go before parliament though?
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The result of the court case (pending appeal) now will involve the House of Lords after the House of Commons has debated and passed (or put amendments forward). The HoL may pass it back unchanged OR pass it back with their amendments. It will then have to be debated yet again by the HoC. Personaqlly I think this whole fiasco was caused by Cameron. He stated that whatever the result of the referendum he would implement the will of the People, instead he resigned. What a good guy. Where Terasa May slipped up (IMHO) was not immediately on her first day as Leader was asking Parliament to agree to implement the result of the referendum thereby enacting the will of the people with Parlimentary approval. It may be that she was advised that lilly livered David had already promised that so there was no need but in hindsight ( a wonderful thing) the court case would never (possibly) have happened or failed. |
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The court case hinged on whether the government could use its ancient powers of royal prerogative to invoke Article 50 of the Treaty of Lisbon. The government argued that invoking A50 did not impinge upon the sovereignty of Parliament because the act of invocation did not create or repeal any law. The High Court has ruled that, because A50 sets out a timetable that leads inevitably to the UK leaving the EU, the act of invocation effectively does put the government in the position of repealing a law passed by parliament. The government cannot do that; a long and bloody civil war was fought in these islands in the 17th century over that issue. Parliament is sovereign. Only it can make and repeal laws. While they are preparing their appeal to the Supreme Court, they will also now be trying to work out just how little they can get away with. They won't want to put their Great Repeal Act forward yet, it will take many months to draft it. May says she still wants to invoke A50 by the end of March. I suspect she will go for a bare-bones Act which enshrines the referendum result in law (can't help wondering whether Cameron's failure to do that was a cunning little trap door, just in case), grants executive power to repeal the ECA 1972 and compels the government to put something in its place by a certain date. |
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A Tory MP, Stephen Philips, has resigned his seat 'with immediate effect' over the Government's policy of not involving Parliament in Brexit:
https://twitter.com/SamCoatesTimes/s...00768111923200 Yet another by-election. |
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Bizarre.
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Pehaps he's another Cameron. The best way to represent constituents is to put their case forward in Parliament, this can happen at PM's question time or via an early day motion. What gauls me is that the case agaist the Government was brought by a private individual and decided by a (rightly) independant judiciary. MP's already had the necessary powers to force a debate if they so wished. It stinks of a set-up. |
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bet some people's heads exploded |
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Remainers will clutch at straws as sure as Mark Carney will make inaccurate predictions :sleep:.
Why the long face Mark; got it wrong again did we? https://www.cableforum.co.uk/images/...2016/11/29.jpg |
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Are the bookies giving odds on the final outcome of Brexit? Because I'd bet we're staying right where we are.
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Iain Duncan Smith, and I have to be honest, I really don't like this guy for how he handled the benefit system for disabled persons when he was Secretary of State of DWP, but I did agree totally with what he said this morning on the news that the issue here with the ruling is, Sovereignty . Parliament voted overwhelmingly, 6 to 1 to hand the Sovereignty back to the people to decide via a referendum, that decision was made and the result was a Leave regardless if it was advisory, the Sovereignty existed with the people. This business of Parliament discussing how we leave is wrong. Leave means leave, no back room deals, no silly, we'll partly leave. The people voted to leave, no buts, so this has no merit going to Parliament at all. |
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Equally 'handing sovereignty back to the people' isn't a thing. It is Parliament which has the constitutional authority to implement and repel legislation. At no point have Parliament relinquished that power to 'the people' who instead elect representatives to Parliament. To be honest I am not sure a referendum in the UK could ever be truly binding. Maybe if Parliament passed a bill that automatically became legal upon the passing of a vote. Although even then, legally, there would be nothing stopping Parliament from repealing that too. Parliament is the authority there. |
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They should of called the referendum the EU opinion poll
http://southendnewsnetwork.com/news/...-opinion-poll/ |
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And Yes they did hand the power to the people Damien, it has no business going through Parliament over and over again when it already went through Parliament when MPs voted 6 to 1 to hand the sovereignty back to the people. It's like people earlier in this thread, have raised the argument about the Scottish Referendum, if it had been a Yes vote, it would have no business going through Parliament - this is the same thing. It does not need to go through Parliament again. A Leave vote is a leave vote. The people who voted to leave want out completely. This is what we voted for not, a partial leave, not a 60% remain in the EU, We want out of that corrupted piece of Euro trash. |
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No. I am not saying that. Parliament passing a budget is not remotely comparable to the Government acting without Parliament. The Government certainty cannot pass a budget without Parliamentary approval. Quote:
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The referendum doesn't have any legal/constitutional power to the Government to enact or repeal legislation. We're talking about legal powers here not moral ones. |
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There is no legal means in the UK for Parliament to make itself subordinate to anyone or anything. As an institution, it is sovereign, which means the only thing it cannot do is pass any law that prevents it exercising its own will or that of a successor (each parliament lasting no more than five years, and being succeeded by another one after a general election).
The nearest parliament could have got to making the outcome of the referendum legally binding would have been to word the referendum act so as to explicitly mandate, via primary legislation, what the government was to do in the event of a leave or a remain vote. In that case, parliament would have had no role to play unless it chose to repeal that legislation. The referendum act as passed did not have that effect, and so quite regardless of what the government may have intended, or what it printed on its leaflets, or how many MPs voted for it, the referendum is not binding. It is not possible for it to be so under our constitutional settlement. It took a civil war to establish that and it would take another one to undo it. The argument in court was over whether the government was impinging on that parliamentary sovereignty by invoking Article 50 without parliament's consent. Parliament's consent is needed, the court ruled, because invoking Article 50 will inevitably lead to a piece of primary legislation being undone (the European Communities Act 1972). The government is not allowed to undo acts of Parliament. Only Parliament can do that (quite right too). The only room the government has to argue their appeal is either to try to persuade the Supreme Court that Article 50 sets in motion a process that will stop a fraction short of annulling ECA 1972, or that us being ejected from the EU at the end of 2 years somehow doesn't have any ramifications for the ECA 1972 still being in force. It's hard to see how they're going to pull that off. |
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It's amazing and quite disturbing how many people do not know the difference between the government and Parliament and what powers each holds .I was watching the news earlier and people in the street where saying how wrong it was that Parliament could overrule the government and the will of the people .That is quite simply not what has happened and quite honestly if supposed educated people think like that then maybe we should stay in the EU because we are not capable of ruling ourselves
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Apparently Gina Miller (the woman who brought the court case) has been branded a traitor on Twitter and Facebook and accused of "ruining our democracy" ,problem with that was ,it was the wrong Gina Miller the idiots targeted ,they targeted a US sports anchor :D ---------- Post added at 18:17 ---------- Previous post was at 18:12 ---------- Quote:
Trouble is Den quite a lot of the crap from the likes of the Mail and the Express is factually incorrect .Express headlines today reads "3 judges block Brexit" which is quite simply untrue |
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Article 50 will not be triggered next March.
This will continue uncertainty and be bad for all of us. Thank you lords! |
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A part of me thinks cameron knew what an excrement storm this would turn into and that's why he legged it so he didn't have to clear up the monumental mess he created in the status of the referendum being advisory. Lets be honest here both our politicians and media have been absolutely pathetic and an embarassment to this country and have also played a part in creating the situation we're in. Right now we look a complete shambles internationally and the continued infighting and mud slinging being indulged by both sides further enforces the view of the UK being a joke.
This could and should have been handled so much better then it was particularly by our politicians but the constant lowering of political representatives quality had to come back to bite us sometime, looks like now is the time. |
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Apparently, according to the Daily Fail, one of the judges is 'openly gay' !!! Its outrageous and political correctness gone mad !! The next thing one of them will come out as openly female !
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But on a lighter note as it's the weekend, Brexit walks into a bar. The barman asks, "Why the long farce? :) (Credit: Robin Flavell) |
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