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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?

durhamjen Fri 04-Nov-16 13:01:07

Gina Miller has had rape and death threats.

www.ibtimes.co.uk/gina-miller-receives-rape-death-threats-online-after-high-court-ruling-article-50-1589840

thatbags Fri 04-Nov-16 12:34:16

Voters delegate political decision-making power to parliament as a rule. Sometimes parliament delegates political decision-making power back to voters like in the referendum we just had.

The cake and eat it attitude of some MPs is annoying.

Anya Fri 04-Nov-16 12:30:55

Yes 'only an indication of the wishes of the voters' so not important wink

Beammeupscottie Fri 04-Nov-16 12:14:22

Don't forget, a referendum is only an indication of the wishes of the voters; it does not have to be acted upon, as any lawyer will tell you.
I suspect we will have years of fudge and end up back at square one.

GrannyAnnie2010 Fri 04-Nov-16 12:00:59

Remember this from the official information?

"This is your decision. The government will implement what you decide. If you're aged 18 or over by 23rd of June and are entitled to vote, this is your chance to decide." ("You" is the collective 'you', of course.)

DaphneBroon Fri 04-Nov-16 11:38:46

I learned that in the TV series "Victoria" - amazing what you can pick up from TV- and was horrified to realise that death for treason by hanging, drawing and quartering was still on the statute book in the (nearly) mid 19th century.
I appreciate it was early on in Victoria's reign, but how medieval and barbaric especially when you look at the considerable scientific, social and technological advances of the later Victorian era.

durhamjen Fri 04-Nov-16 11:32:07

Today is the anniversary of the last great uprising in the UK, the Newport rebellion by the Chartists in 1839.

Newport's mayor was knighted for crushing the rebellion. The leaders were sentenced to being hung drawn and quartered, but the sentence was commuted to transportation for life by Queen Victoria.

sarahellenwhitney Fri 04-Nov-16 11:23:07

Well that certainly figures as 'free movement' has increased the population of Gr Britain to a degree that has seen people without accommodation,schools full to the brim and the NHS? what NHS.?

tigger Fri 04-Nov-16 11:13:36

It's about the "Separation of Powers" i.e. Royal Perogative versus Parliamentary Powers (I think).

radicalnan Fri 04-Nov-16 10:52:45

Magna Carta says we can't be in the EU, let's stick with that.

whitewave Fri 04-Nov-16 04:36:19

Ironically that might happen ginny

Ginny42 Fri 04-Nov-16 02:46:17

Well Brexit supporters must be very pleased that our judges and our law have forced Theresa May to respect our elected Parliament.

Brexiters accuse the EU of being an unaccountable dictatorship and here is a good example of the kind of British sovereignty that Brexiters crave.

If TM decides to appeal and loses she could always take it to the European Court of Justice. grin

daphnedill Fri 04-Nov-16 02:44:00

Excellent link! That's real democracy. I wonder why the government didn't start it hmm.

durhamjen Thu 03-Nov-16 21:46:56

You can still have your say on it if you haven't already.

durhamjen Thu 03-Nov-16 21:45:24

38 degrees have been crowdsourcing ideas on Brexit.
So far over 8 million people have given their ideas. That's nearly 25% of the number who voted.

Results so far are here.

diybrexit.38degrees.org.uk/

Most people seem to be concerned about the effect on the NHS.

durhamjen Thu 03-Nov-16 21:19:12

Crowdjustice is the way that ordinary people can get justice now that most legal aid has disappeared.
I think it's an excellent way for people without resources to be heard in court.

granjura Thu 03-Nov-16 20:46:11

... keen on him ?

rosesarered Thu 03-Nov-16 20:35:23

Am I what?

granjura Thu 03-Nov-16 20:31:20

are you rose? ;)

the 'public' is given the choice to pay - it is entirely a choice - I'll personally be very happy to pay my bit.

whitewave Thu 03-Nov-16 20:17:09

If you read the transcript of the various arguments you will understand very quickly that politics has absolutely nothing to do with the argument, but it has everything to do with constitutional law.

Politics is transistory and fleeting but the law will last perhaps for generations.

The tax payer will pick up the tab for the government where money is no object, but those who are defending the individual and their rights are funding it themselves. I think we should be eternally grateful for these people and their stand for the British Constitution, their understanding that the Royal Perogative is being exploited in order to support a group of people who are keen to shut down debate and push through an idea without any recourse to representative democratic s which is the British way of doing politics.

The British Constitution is to be found in the miriad laws past over the previous centuries, and this is one of the most important and interesting cases addressing the rights of the individual for centuries.

whitewave Thu 03-Nov-16 20:00:46

3QCs 2 representing individuals and 1 representing a large group who clubbed together to fund a QC

Ana Thu 03-Nov-16 18:23:04

Hmm...you think? Always that possibility of course, especially if they've managed to secure the services of an ardent Remain voter.

MaizieD Thu 03-Nov-16 18:18:47

Perhaps they're doing some of the work pro bono.

Ana Thu 03-Nov-16 18:14:06

Yes, I do know how much QC's charge, which is why I was surprised how low the total aimed for was.

MaizieD Thu 03-Nov-16 18:10:46

Do you know what QCs cost?shock You need the very best you can afford, especially in a case like this where the government will pay whatever it takes.

Note the crowd fund is over halfway; it rose by about 2 grand in 20 minutes or so...