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Brexit and power to the people

(437 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?

whitewave Sat 05-Nov-16 14:59:43

luck Miller voted to leave. Miller is a Brexiter

She voted to bring back sovereignty to Parliament.

What the little reactionary clique in government tried to do was to by-pass parliament. Miller saw this as an affront to representative democracy

durhamjen Sat 05-Nov-16 15:02:14

I think May is fast realising that she is not Thatcher ll. There was a lot more to Thatcher's steeliness than being a woman.

whitewave Sat 05-Nov-16 15:06:01

Farage is talking about a great betrayal. Not sure we can take too much notice of his opinions given that he supports Trump

rosesarered Sat 05-Nov-16 15:06:03

djen why on earth do you say 'good' [that there may be a GE] when the Conservatives will win again.You can't think surely that Labour under Corbyn will get in?Blimey, perhaps you really do think that.

durhamjen Sat 05-Nov-16 15:25:26

Trump was supported by a Ku Klux Klan paper. He actually told them he didn't want their support, whitewave. Can you imagine that; I thought he wanted all the support he could get.

durhamjen Sat 05-Nov-16 15:26:45

www.huffingtonpost.co.uk/entry/jeremy-corbyn-win-next-general-election-housing-crisis-alex-morton_uk_581c79a2e4b0c2e24aaf56aa

Ana Sat 05-Nov-16 15:38:06

A lot of Conservatives would like there to be a GE too, in the hope that it would increase their majority.

As they're currently ahead of Labour by 16% in the polls that seems perfectly possible.

whitewave Sat 05-Nov-16 15:41:28

Well not sure how likely, as the Tories brought in the 5 year rule which states that for there to be a GE before the 5 years are up there has to be. 2/3rds parliamentary vote for one.

Ana Sat 05-Nov-16 15:51:56

From durhamjen's post of 14.34.

It is now being suggested that other Tory MPs could follow him to force a general election.

Good.

So it must be possible, or perhaps dj' just rambling...

Welshwife Sat 05-Nov-16 16:04:42

Would seem quite possible if a few more resigned as the majority is so small - a 66/33 majority might then be attainable. Jen was just thinking laterally !
The manifestos of the parties should make interesting reading.

Ginny42 Sat 05-Nov-16 16:54:20

At last, a Brexiter has admitted to me that they regret their vote as they had no idea it would lead to this. I actually felt sorry for her. I wonder how many more are thinking they were duped into believing it would all be relatively painless; OK a slight dip in the £ and then we'd be trading with the rest of the world and all would be well. I asked one business woman what was wrong with being the 5th highest economy in the world as we'd achieved that as a member state. Her reply? 'We want more.'

I lost count long ago of how many times I heard/read the comment, 'They need us more than we need them'. What utter nonsense and it's beginning to dawn on people that we can expect no special favours.

I do wish EU leaders had sent DC back home with something more substantial in his brief case and none of this would have happened.

Ana Sat 05-Nov-16 17:03:47

Yes, it's all the EU's fault! grin

I never expected any special favours and don't know anyone else who did. I'll just be glad when the Court cases are all over and Brexit can eventually go ahead.

rosesarered Sat 05-Nov-16 17:12:19

I didn't expect any special treatment either ( for UK) but there will have been certain types of people on both sides who didn't think further than their noses.All I want and still do, is for us to be not tied up to the EU and all it's assorted madness.There may well be an economic downside for a while, it's a huge thing to sort out.

rosesarered Sat 05-Nov-16 17:15:20

Saw Corbyn on the news looking angry ( because reporters dared to ask him questions about a GE I think) his usual young female minders hustled him away from this nastiness.A Leader...... really?

daphnedill Sat 05-Nov-16 18:24:12

A GE is the last thing the Labour Party should wish for at the moment. They should concentrate on getting some answers out of May and her ministers. They should find out what they want to do with the 'control' and get them to be more transparent. I am cautiously optimistic that Keir Starmer knows what he's doing.

daphnedill Sat 05-Nov-16 18:28:07

@roses

If I had any money, I would bet it all that there will be an economic downside...for a lot longer than a 'while'. The UK is losing a great deal beside finance. It is a huge thing to sort out and I wouldn't be surprised if some of us are dead before it's 'sorted out'. Hopefully, a new generation will be given the option of opting back in. Unfortunately, they won't get the good deal, will all its exceptions, which the UK already has.

granjura Sat 05-Nov-16 18:29:08

Somewhat irreverent, and some swearing, so open at your peril:

www.facebook.com/officialrussellkane/videos/1234686179939700/

daphnedill Sat 05-Nov-16 18:30:56

@Ana

The court cases are about constitutional matters. In the future, the history of Brexit and conflict within the political parties will be small fry compared with the precedent which would have been set if parliament hadn't been consulted. Without a written constitution, this is how constitutional law is made and it will be relevant for decades, if not centuries.

Ana Sat 05-Nov-16 18:36:49

Yes, daphnedill, I realise that, thank you...hmm

durhamjen Sat 05-Nov-16 22:52:35

The crowdfunding has worked. They have over £125,000.

Anniebach Sat 05-Nov-16 23:17:10

Saw it too rosesarered, he even complained he was being harassed because he was asked questions, his young female companions quickly came to his aid, he cannot keep avoiding legitimate questions, he would run if asked - is rain wet

durhamjen Sat 05-Nov-16 23:25:48

www.theguardian.com/politics/2016/nov/05/jeremy-corbyn-theresa-may-brexit-bottom-line-article-50-early-election

durhamjen Sat 05-Nov-16 23:37:20

Do you think this is what happens when you choose someone who knows nothing about the law to be justice secretary? Cameron chose Gove, who also knew nothing about the law.

POGS Sun 06-Nov-16 00:26:55

Well Corbyns announcement to block the triggering of Article 50 would ' possibly ' lead to a General Election being announced in December and Labour, Lib Dems, SNP will have to get the numbers. They will then have to deal with being in the position of explaining under what terms the U K will leave the EU , OR NOT as is their want, and hope to goodness 17 million people don't feel let down by our democratic system.

Labour MP's and Tory MP's who would block Article 50 being triggered and refuse to accept the referendum result will have to explain it to their constituents won't they.

My problem , as always, is the hypocrisy of it all.

Corbyn said after the referendum result Article 50 should be
triggered straight away, no mention of the referendum being only advisory. Now 4 months later he is openly saying he will block it unless his requirements are met.

He has just made Junkers dreams come true and put one hand up Theresa May's back with regard to any negotitiation chances. It demonstrates a total lack of comprehension how negotiations work.

How the hell can Theresa May or any UK representative negotiate now? How the hell can Theresa May commit to what Labour, SNP et al want. It would require the EU Commission to comply with her 'Demands' courtesy of the demands of those who do not have any faith in a democratic vote by the people and will do all in their power to stop any meaningful negotiations taking place.

A sad state of affairs and poor politics.

daphnedill Sun 06-Nov-16 00:56:39

Labour's 'bottom lines' are:

UK access to 500 million customers in Europe’s single market.

No watering down of EU workplace rights.

Guarantees on safeguarding consumers and the environment.

A promise that Britain will pick up the tab for any EU capital investment lost as a result of Brexit.

Of those, only the first - access to the single market - has anything to do with the EU. The other three are UK domestic policies, so won't play any part in the negotiating process. Why shouldn't May be able to guarantee them?