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Thread: Post Brexit reality

  1. #1

    Post Brexit reality

    So we vote for Brexit so that the British Judiciary can control our country and not be interfered with by Brussels. The British Judiciary make a ruling saying that Parliament needs to be involved in Brexit so the British Government go running to the European courts to over rule the British courts. Is it me or is there a touch of irony here?

    BE

  2. #2
    The supreme court is not the European court (But the highest court in the UK )
    Last edited by african jack; 05-11-2016 at 23:41.

  3. #3
    Any change in law in this country must be brought about through parliament. I cannot see how the MPs would change the will of the country but what scares me is if they did bring about Brexit via a royal prerogative. That would set a presentance that would allow them to do god knows what in the future.

    Call me a pessimist but the legal structure in the U.K. Is set up for a reason and ultimately is there to protect us
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  4. #4
    Quote Originally Posted by bk View Post
    Any change in law in this country must be brought about through parliament. I cannot see how the MPs would change the will of the country but what scares me is if they did bring about Brexit via a royal prerogative. That would set a presentance that would allow them to do god knows what in the future.

    Call me a pessimist but the legal structure in the U.K. Is set up for a reason and ultimately is there to protect us
    Agreed.

    To me the issue is simple - the law that gave the power to hold the referendum is defective. It should have said something like "and if it's a leave then we can go ahead and get on with it".

    Perhaps this is a reflection on David Cameron's misplaced confidence in a "stay" vote.

  5. #5
    Quote Originally Posted by bk View Post

    Call me a pessimist but the legal structure in the U.K. Is set up for a reason and ultimately is there to protect us
    Agree 100% and wasn't this what we were voting for to allow our courts the power to make the decisions and not be undermined by outside influence. To me this government threatening to circumvent the courts by going through other means is worrying if not hipocritical.

    BE

  6. #6
    Maybe I'm just thick but I thought we had a referendum. The decision making process was given to the people by parliament. The people decided to leave the EU and it's now up to the Government to make this happen. I can't see how the Judiciary can then say it needs to go back before Parliament. This is the stated case from Mrs May, the Judiciary does not rule this country.
    CH

  7. #7
    There was never meant to be a Brexit and I believe somehow (fair or foul) there will never be one. Cameron pledged a referendum which he never considered he would loose. He more than likely had the victory speech written "The people have spoken etc" Boris etc fronted a leave campaign but where are they now. A sham "leave campaign" just to make it look good. If this goes to a parliamentary vote we are back to where we started or perhaps not. I think our friends in the EU will have their new conditions if we are forced to stay.

  8. #8
    Quote Originally Posted by Gazza View Post
    I think our friends in the EU will have their new conditions if we are forced to stay.
    Absolutely bang on the money Gazza, if we don't go through with it were stuffed, we will get hammered to the wall to be made an example of
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  9. #9
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    Quote Originally Posted by Cloudhopper View Post
    Maybe I'm just thick but I thought we had a referendum. The decision making process was given to the people by parliament. The people decided to leave the EU and it's now up to the Government to make this happen. I can't see how the Judiciary can then say it needs to go back before Parliament. This is the stated case from Mrs May, the Judiciary does not rule this country.
    CH
    There are a few simple truths as to how this has come about.

    Firstly, whilst Parliament may make the law, it is not above the law. That's an important principle that we all should support.

    Second, the decision making process was not "given to the people" in the referendum on 23rd June. The EU Referendum Act 2015 contained no provision for triggering Article 50 in the event of a vote to leave the EU. Much as we may like to think that the result of the Referendum was binding, the reality is that all we were asked to do was give our opinion on whether we should stay in or leave the EU. Of course politicians talked up the Referendum because it was in their interests to do so, just as they did the same with the Scottish Independence Referendum back in 2014. As nicowilson said earlier, if the intention had been to make the EU referendum binding then it should have been phrased as such. It wasn't, so who's fault was that??

    Third, for the Government to legally enforce the result of the referendum requires it to place a Bill before Parliament. This is the point that the High Court made in their judgement last week. Why can't the Government use its powers of Royal prerogative - i.e. why can't the Government just "make this happen"? Because in their ruling the High Court said:

    "An important aspect of the fundamental principle of Parliamentary sovereignty is that primary legislation is not subject to displacement by the Crown through the exercise of its prerogative powers."

    Meaning that primary legislation is not covered by the Royal prerogative.

    So it's not that the judiciary is saying that we can't leave the EU, only that to do so legally requires Parliament to pass a Bill because Parliament is sovereign. There was clear precedent for this, in that we joined the EEC through an Act of Parliament back in 1973. So to leave the EU also requires an Act of Parliament.

    So the judiciary does not rule the country - but what it does do is adjudicate on whether the Government of the day is following due legal process in how it rules the country. In this case the Government wasn't.

    If only the media spent less time vilifying the judiciary and more time explaining the facts!
    O wad some Power the giftie gie us to see oursels as ithers see us!

  10. #10
    How is going to appeal to the supreme court circumventing the courts
    Quote Originally Posted by big ears View Post
    Agree 100% and wasn't this what we were voting for to allow our courts the power to make the decisions and not be undermined by outside influence. To me this government threatening to circumvent the courts by going through other means is worrying if not hipocritical.

    BE

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