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?

whitewave Sun 06-Nov-16 20:18:09

daph that's one reason that May will be reluctant (apart from quite a few others) to call an early election. It would expose the huge rifts that there are in the Tory party.

POGS Sun 06-Nov-16 20:14:37

Maizie d. 17.25

I will respond to your further post to myself by using your own kind words to me yesterday.

MaizieD Sat 05-Nov-16 12:31:14
I'm not taking it any further, POGS. You've already had my answer. You not liking it and repeating the question doesn't make me change my mind. It didn't work when my children tried the same tactics, either.

daphnedill Sun 06-Nov-16 19:40:45

The Conservative Party itself is split on Brexit. Even some of those who are supportive don't like the way things are heading and they don't like being left out in the cold by May and her little band.

It would be interesting to know what people in the North East (and anywhere else for that matter) though Brexit would actually mean. If it's true that it was partially a protest vote against a public school-educated, London-centric elite, who are as distant as any Brussels bureaucrat, I can't honestly see the Conservatives picking up many votes in the area.

rosesarered Sun 06-Nov-16 19:02:16

So save some of that wine for me! grin

rosesarered Sun 06-Nov-16 19:01:12

If the voters in the North East who voted to Leave, feel that only the Conservatives Will deliver on Brexit, then if there was a snap GE, they may well vote that way.Voting UKIP will not help at that stage.Labour certainly got them wrong about Leaving the EU after all.At the moment, it's anyones guess as to what would happen.

daphnedill Sun 06-Nov-16 18:28:44

@dj

Well, I suppose the North Sea might turn to wine! grin grin (Just as likely that the North East will vote Conservative - UKIP is more likely.)

daphnedill Sun 06-Nov-16 18:27:08

@Jalima

Something was wrong with the sound on the video, but I watched it and somehow I don't think Labour will be winning it any time soon, although I looked up the 2010 results and the combined Labour/LD vote was higher than the Conservatives.

I was thinking of the constitutional issue. There was a majority for Remain and Rees-Mogg talks about stuffing the Lords with 1000 new members. What about the 'will of the people'?

I'm afraid I find Jess Phillips incredibly irritating and I can't really take what she says seriously either. A dinner party with her and Rees-Mogg would be my idea of hell!

MaizieD Sun 06-Nov-16 17:25:06

I've been out all afternoon. I'm glad to see that we seem to have established that the judiciary is, quite rightly, an unelected, non political, arm of the constitution.

I said your post was nonsensical, POGS, because you seemed to be confusing the judiciary with the House of Lords.

durhamjen Sun 06-Nov-16 16:04:12

There are other parties.
However, Labour aren't out of touch with Labour voters in my area. You shouldn't believe everything you read in the Sun or the Times, or even the DM.

rosesarered Sun 06-Nov-16 14:20:57

Labour being out of touch with the Labour voters.

durhamjen Sun 06-Nov-16 14:19:23

You reckon the North East will vote Conservative, do you, roses?

What do you base that on?

durhamjen Sun 06-Nov-16 14:18:16

Because then she will have to tell them what her ideas are....and she hasn't got any.

Devorgilla Sun 06-Nov-16 14:11:20

Hurrah! I can post again.

Devorgilla Sun 06-Nov-16 14:11:04

Part of the confusion over my post arose because I found I was unable to respond to POGS response to my post. For some reason whether I can review or post seems a bit erratic at the moment. I have referred the matter to GN. I was talking about the Judges but I agree with POGS that the House of Lords, or at least some Members of it, will not be impartial. I do not approve of an unelected second Chamber but that is what we have at the moment and there is a great deal of expertise there across all parties and issues. Taking issues to the Lords is a way of safeguarding our interests in what the Government/Commons are proposing and can give an opportunity to reflect and alter. They cannot hold it up indefinitely but they can raise concerns about the Government's plans which could be very significant for our long term post-Brexit future. I think that is a worthwhile use of their time and ours. Too late when it is all done and dusted. The PM has been repeatedly told the Commons will vote to Brexit. She seems to fear the Lords' reaction rather more hence the appeal. Several very prominent voices on all sides are urging her to bring Article 50 to the House and kick start it all. Why doesn't she? Drop the appeal and get it done.

rosesarered Sun 06-Nov-16 14:06:29

If you mean about losing their seats....that was thinking that if some MP's try and block article 50, the voting public in case of a GE, wouldn't vote for them in future ( and in the North East for example, Labour would then lose to Conservatives possibly.)

rosesarered Sun 06-Nov-16 14:03:29

I think we have confusion ww on my post?

whitewave Sun 06-Nov-16 14:00:36

That has been ruled unconstitutional rose

rosesarered Sun 06-Nov-16 13:53:25

It was never going to be May alone, but the Cabinet.Parliament was then going to get a vote.
Once it was given to the judiciary to decide, they had no choice but to consider it as a point of law , so no blame attaches to them.
If MP's won't vote on article 50 ( although I think they will) they would have to be prepared to lose their seats in some areas.
In the end, although it may hold things up, we will leave the EU.

durhamjen Sun 06-Nov-16 13:36:41

Shows how important South Shields is!
I wonder how much Rees-Mogg's train fare cost; probably more than most of those people earn in a week.

trisher Sun 06-Nov-16 13:31:44

Loved that dj.This photo of an election when the Liberals held the seat and the suffragettes campaigned against them might interest some people

durhamjen Sun 06-Nov-16 13:19:57

Who do you think should decide what's best for the UK, roses?
Theresa May or parliament?
That's what it's about. Theresa May does not have a mandate to do what she wants to do without input from parliament.
We have a democracy, not a dictatorship.

durhamjen Sun 06-Nov-16 13:15:49

www.youtube.com/watch?v=NIt3PM5DF_c

This is better.

Jalima Sun 06-Nov-16 13:15:13

Which is more or less what Lisa Nandy said on Newsnight the other night (she must have checked with JC et al before she said it).

Ana Sun 06-Nov-16 13:09:16

Seems Corbyn's changed his mind again, or had it changed for him.

Labour MPs were concerned by the prospect of voting against Article 50, with one saying it was "unthinkable" for most of the party's MPs as it would defy the result of the referendum.

Labour's deputy leader Tom Watson confirmed that Labour were not seeking to do this. He said: "We're certainly not going to hold up Article 50 if we don't get the deal (we want)".

rosesarered Sun 06-Nov-16 13:02:22

Or maybe not a petition.grin