Gransnet forums

News & politics

Brexit and power to the people

(436 Posts)
whitewave Fri 14-Oct-16 08:18:55

Really interesting court case and day 1 of "The Royal Prerogative"

It basically boils down to whether a minister -in this case Amino 1 - can remove rights established by an act of parliament.

It raises questions of "fundamental constitutional importance about the limits of the power of the executive"

Pannick, QC for the challenger, said " this court is not concerned with the political wisdom of withdrawal" "The government was wrong to suggest the legal challenge was merely camouflage to prevent Brexit"

Pannick's client the court was advised had again received threats, abuse and insults.

A further QC - representing the people
Argued" the constitution of our parliamentary democracy, unwritten as it is , is predicated on the sovereignty of parliament and the courts working as arbiter. Notification of withdrawal leads to the removal of the rights of UK citizens.
Chambers QC argued that the referendum did not replace the UK system of parliamentary democracy"
If the government triggered A50 it would be setting itself up as "de facto legislature"
This is a case about what is legally required, not what is legally expedient.

Good ain't it?

thatbags Fri 14-Oct-16 08:45:45

I follow the argument about the importance of parliamentary democracy. What I don't understand from your post, ww, is why a withdrawal from the EU would "lead to the removal of the rights of UK citizens".

UK citizens had rights before the EU existed. UK Parliamentary democracy existed before the EU.

DaphneBroon Fri 14-Oct-16 08:50:09

Perhaps I did not get enough sleep last night, but I don't understand whitewave
Who is Amino 1?
What is this court case?
Who is "the challenger" and what are they challenging?
Maybe a link (to the Ladybird version for my befuddled brain this morning) might enlighten me? smile

whitewave Fri 14-Oct-16 08:50:35

bags it isn't my argument it is the Qcs
As far as I understand
The EU has instilled rights to the UK citizens through various treaties etc. Like hours directive etc, which have been enshrined in UK law through the peoples representatives in Parliament. The argument therefore is that only parliament can take these rights away, and not some arcane royal Prerogative (my words)

whitewave Fri 14-Oct-16 08:57:35

Daphne well
Amino should have read Amio - phone keeps correcting me. That is my querky description of the 3Brexiters.
1 is Davis.
The court case is about the Royal Prerogative and sovereignty and who is entitled to withdraw the UK from the EU.
It's people V the government and about our constitution.
The challengers are two individuals and "the people" represented by 3QCs
Hope that helps.
Boring maybe but I love this sort of stuff

whitewave Fri 14-Oct-16 08:58:55

Amigo!!!!!!

Mamie Fri 14-Oct-16 09:07:23

One example would be the right to the freedom to live, work and retire in other EU countries. This is something that some of us hold very dear and would want our children and grandchildren to benefit from as well.

whitewave Fri 14-Oct-16 09:12:33

Lord Wolfson -Next chief ex. and Tory peer who was a strong leave supporter, has warned May that hard brexit- a stance favoured by May- will isolate Britain and could destroy the economy

whitewave Fri 14-Oct-16 09:13:04

Yes mamie

rosesarered Fri 14-Oct-16 09:15:17

Here we go again! ( enjoy!)

daphnedill Fri 14-Oct-16 10:24:01

@thatbags

My understanding (for what it's worth) is that the argument isn't that a withdrawal from the EU would "lead to the removal of the rights of UK citizens" but the notification of the withdrawal. In other words, that constitutionally parliament represents the people and is the only body with the right to vote on the withdrawal, not Theresa May and her cabinet, who are claiming that they have the right to make decisions without the support of parliament.

It's an important constitutional issue, not just with reference to Brexit, but to any future decisions the PM should make. It's the beginning of a slippery slope, if PMs are allowed to make decisions without putting them to a parliamentary vote.

A vote would, of course, put many MPs in a very difficult position. If their own opinion differed from their constituents, which would be the case for many, it could mean personal political suicide.

whitewave Fri 14-Oct-16 10:26:35

History in the making!! And hopefully another step towards grownup governance.

daphnedill Fri 14-Oct-16 10:32:43

Indeed it is history in the making! When Brexit is done and dusted (whatever happens), the high court's decision will remain in the history books as a turning point in constitutional history.

whitewave Fri 14-Oct-16 10:38:03

Soooo interesting.

granjura Fri 14-Oct-16 11:43:13

I certainly find it amazing to hear, again and again- as on QT last night' what kind of Brexit the UK will wish to opt for.

The UK will not have much to say on the terms- so the dissussion is fairly irrelevant. The EU is making it abundantly clear, and it was clear in EU rules right from the start- a leaving member will not be part in negotiating terms.

POGS Fri 14-Oct-16 11:44:07

Well it depends whether you are a Remainer or a Leaver as to how you view the 'Brexit and power to the people' thread title.

If you voted Remain you might find it just that.

If you voted Leave you might see it as an affront to the democratic will of the people.

You can put your own 'spin' on how this is democratic but there is an irony in using the word democratic these days it would appear when it comes to referendums and vote percentages .

whitewave Fri 14-Oct-16 12:14:56

pogs the choice of words was quite deliberate as each side can take what they want from it

granjura Fri 14-Oct-16 12:19:30

I know, I know - some really do not like one paper or another being critisised, and their readers for reading them...

but when you hear some of their columnists, like Isobel Oakeshott, or Katie Hopkins (as in last night on QT and Andrew Neils) - then really- one has to wonder. Facepalm emoticon- truly.

granjura Fri 14-Oct-16 12:30:52

The EU MAY (no pun intended) CHOOSE to negotiate, because it suits them, and only if. There is no way the UK can dictate terms or how soft or hard they want their Brexit. And it is no longer up to them.

granjura Fri 14-Oct-16 13:28:11

It is of course NOT ME saying this- but it is very clear in Article 50 and the procedure for a member to leave. It was clear right from the start- expert and others tried to explain this- but many chose NOT TO LISTEN, CHOSE NOT TO STUDY article 50, chose to put their head in the sand and sing lalalalalalalala rule Britannia- bring back control, independence day, etc.

“Any Member State may decide to withdraw from the Union in accordance with its own constitutional requirements.
A Member State which decides to withdraw shall notify the European Council of its intention. In the light of the guidelines provided by the European Council, the Union shall negotiate and conclude an agreement with that State, setting out the arrangements for its withdrawal, taking account of the framework for its future relationship with the Union. That agreement shall be negotiated in accordance with Article 218(3) of the Treaty on the Functioning of the European Union. It shall be concluded on behalf of the Union by the Council, acting by a qualified majority, after obtaining the consent of the European Parliament.
The Treaties shall cease to apply to the State in question from the date of entry into force of the withdrawal agreement or, failing that, two years after the notification referred to in paragraph 2, unless the European Council, in agreement with the Member State concerned, unanimously decides to extend this period.
For the purposes of paragraphs 2 and 3, the member of the European Council or of the Council representing the withdrawing Member State shall not participate in the discussions of the European Council or Council or in decisions concerning it. A qualified majority shall be defined in accordance with Article 238(3)(b) of the Treaty on the Functioning of the European Union.

Ana Fri 14-Oct-16 13:33:57

A Member State which decides to withdraw shall notify the European Council of its intention. In the light of the guidelines provided by the European Council, the Union shall negotiate and conclude an agreement with that State, setting out the arrangements for its withdrawal, taking account of the framework for its future relationship with the Union.

Isn't that the stage we're at now?

Ana Fri 14-Oct-16 13:34:20

No need to shout.

POGS Fri 14-Oct-16 13:36:46

Are you on the right thread Granjura.

I only ask as I don't follow your post to the OP. Is it me?

granjura Fri 14-Oct-16 13:37:46

You missed that very important bit

For the purposes of paragraphs 2 and 3 ... then see above.

I 'wrote' quite loudly, because so many do not seem to understand this, or refuse to.

Ana Fri 14-Oct-16 13:51:01

We're not at that point yet though, are we? So it doesn't apply yet.