Gransnet forums

News & politics

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?

granjura Thu 08-Dec-16 18:09:35

ah dear petra - I am glad you are aware - but for the life of me cannot understand how anyone could possibly consider losing all control on all our utilities and energy sources to give us 'our power and independence back'. But please, do enlighten me as I am totally unable to 'get it'.

durhamjen Thu 08-Dec-16 17:31:41

Just put that on the Thersa May thread. Hadn't realised you'd mentioned it on here, granjura.
I am sure the government could have stopped it.
Exactly what do Brexiteers want to take back?
There is nothing left. Would like to hear one of them say they wish to take back control of the NHS.

petra Thu 08-Dec-16 17:26:45

granjura Thanks for that information. I'm sure that there are many of us ignoramous brexiters who were completely unaware of that not
But thanks for sharing anyway, just in case one of us has been living on another planet for the past 20 yrs.

granjura Thu 08-Dec-16 16:55:00

which other way is there? Facts are facts.

whitewave Thu 08-Dec-16 16:45:10

That's one way of looking at it gran

granjura Thu 08-Dec-16 16:32:37

The naïvity and incredulity of Brexiters about 'power to the people' is mind boggling. Most of our power/energy has been sold down the river to the Frenc, Germans and many more.
And today vast sections of our oil supply and energy has been sold to the Chinese and Qatar - where they will have us totally and literally 'up over a barrel'. This making 150m for our coffers, and 4 BILLION for the shareholders.

POWER to the people indeed sad

www.independent.co.uk/news/business/news/national-grid-sells-shares-china-qatar-investors-a7463256.html?cmpid=facebook-post

whitewave Thu 08-Dec-16 11:58:06

EU citizens representative ( that's us folks!) challenging the government at the moment. A female!!!!

whitewave Wed 07-Dec-16 15:24:42

Scottish QC giving representation against the government at the moment. I missed this mornings -too busy.

durhamjen Tue 06-Dec-16 23:36:22

www.theguardian.com/politics/2016/dec/06/supreme-court-justices-subdued-in-face-of-a-pannick-attack-gina-miller-barrister-article-50

durhamjen Tue 06-Dec-16 22:57:00

Unfortunately, it's all ours.
Not one of the last three justice secretaries has known anything about the law, which seems strange, as so many lawyers become MPs. You'd think the government would be able to find one, at least!

whitewave Tue 06-Dec-16 21:42:55

grin the Cabinet of incompetence

durhamjen Tue 06-Dec-16 21:41:52

Theresa May was in Bahrain when she talked about the red, white and blue Brexit.
Bahrain's flag is red and white.
A sad Bahrain flag?

durhamjen Tue 06-Dec-16 21:39:00

I agree. But we want the judges to write it, not the government.
Can you imagine what a mess the justice secretary would make of it? She was talking about dogs barking to disrupt drugs drops outside prisons today!

whitewave Tue 06-Dec-16 21:24:31

I do think a written constitution might be no bad thing, even if it's only a broad brush stroke type of thing.

durhamjen Tue 06-Dec-16 21:21:16

The only Magna Carta clause left which applies to everyone.

whitewave Tue 06-Dec-16 21:02:32

It is important that our judiciary cannot and are not intimidated by politicians or supporters of politicians like the media.

To do so threatens the very foundation if our constitution and rule of law, which states that All are equal under the law.

whitewave Tue 06-Dec-16 20:40:55

I thought a couple of things the Government QC sounded like a threat to the judges. Not a good way to proceed I would have thought.

durhamjen Tue 06-Dec-16 18:21:54

I hope this is wrong.

www.taxresearch.org.uk/Blog/2016/12/06/the-article-50-case-makes-clear-how-urgently-the-uk-needs-a-written-constitution/

durhamjen Tue 06-Dec-16 17:23:22

However, May has said she agrees to the Labour bill tomorrow, but will just add a bit about the date.
Would that have happened if it hadn't been for this court case?
Do you think she has been advised that she will lose?

JessM Tue 06-Dec-16 17:11:22

Today's flurry involves Msr Barnier (?) chief negotiator talking tough - no cherry picking and after Article 50 there will be a mere 18 months to negotiate, leaving 6 months for the other nations to discuss and ratify.
And in the red, white and blue corner PM and Johnson saying that they are going to get a great deal for Britain.
Sigh.

whitewave Tue 06-Dec-16 15:42:58

Question

Has parliament bestowed the powers to a particular minister to take away whole statutes?

Argument is that here has never been conferred such powers by parliament to the executive.

whitewave Tue 06-Dec-16 15:30:44

RP cannot be used to take away the rights of a British citizen.

whitewave Tue 06-Dec-16 15:27:18

Pannick now expanding 7 points supporting the above argument. Looking at various cases.

whitewave Tue 06-Dec-16 14:53:39

1972 Act -has constitutional status and has been subsumed within U.K. Domestic law, and created rights and duties.

Argument that when this law was enacted Parliament had no intention at the time that this law could be set aside by a minister.

whitewave Tue 06-Dec-16 14:15:35

Lord Pannick will be worth watching - good at his trade.