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UK government suffers Brexit court blow

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Comments

  • steampowered
    steampowered Posts: 6,176 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Conrad wrote: »
    MPs who are trying to conflate the Article 50 letter with the nature of the Government’s negotiations are simply Brexit deniers, pretending to obey the will of the people but in reality doing everything they can to thwart it.

    You either like parliamentary democracy or you don't. Evidently whoever wrote this does not!

    At the end of the day, if you voted Brexit so that parliament can 'take back control' you should trust parliament to make the correct decision when a parliamentary vote is taken.
  • TrickyTree83
    TrickyTree83 Posts: 3,930 Forumite
    You either like parliamentary democracy or you don't. Evidently whoever wrote this does not!

    At the end of the day, if you voted Brexit so that parliament can 'take back control' you should trust parliament to make the correct decision when a parliamentary vote is taken.

    I agree but would attach the following string, that it should be expected that parliament do not attempt to reverse the outcome of the referendum.
  • Moby
    Moby Posts: 3,917 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    https://www.theguardian.com/politics/2016/nov/04/stephen-phillips-resigns-over-undemocratic-brexit-process
    A Conservative MP who has resigned after criticising Theresa May’s handling of the Brexit process has told friends that the Tory party has become “Ukip-lite”.
  • Herzlos
    Herzlos Posts: 15,918 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    I agree but would attach the following string, that it should be expected that parliament do not attempt to reverse the outcome of the referendum.

    Of course, nothing says Democracy like only letting people vote if they promise to vote the way you want them to :beer:
  • TrickyTree83
    TrickyTree83 Posts: 3,930 Forumite
    edited 4 November 2016 at 5:07PM
    Herzlos wrote: »
    Of course, nothing says Democracy like only letting people vote if they promise to vote the way you want them to :beer:

    Well reversing the decision taken on June 23rd would be far worse than expecting them to pass Brexit through parliament.

    Dress that up however you want but you'll be on the wrong side of history if you support reversing a decision that was delegated to the people of the country simply because you disagree with what the people have said.

    If parliament felt this way, they should never have asked the people, but they did and they voted to do so by a vast majority. Some would argue, and I would be one, that this determines that they have a responsibility to uphold the result of a referendum they themselves voted to hold.

    Leaving the EU should be a nailed on certainty, how our arrangement looks afterwards was not on the ballot.
  • CLAPTON
    CLAPTON Posts: 41,865 Forumite
    10,000 Posts Combo Breaker
    Herzlos wrote: »
    Of course, nothing says Democracy like only letting people vote if they promise to vote the way you want them to :beer:

    if the result of referrring the decision to parliament was that the UK remained in the EU, would you consider that a good result for democracy?
  • Moby
    Moby Posts: 3,917 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    edited 4 November 2016 at 5:20PM
    https://www.theguardian.com/commentisfree/2016/nov/04/gina-miller-brexit-victory-triumph-democracy-over-politics
    It has long been an established part of the UK’s unwritten constitution that the royal prerogative cannot be used to make or alter the law made by parliament.Miller’s position is that the royal prerogative cannot be used to trigger article 50 because, as the government agreed, the triggering of article 50 inevitably would result in fundamental rights enacted by parliament being swept aside once the withdrawal process is completed.
    This removal of rights would happen regardless of whether or not the government has been successful in negotiating a withdrawal agreement, and without the say of parliament.
    The most fundamental rule of the UK constitution is that parliament is the supreme law-making entity in the UK. It can make or undo any law. Neither the courts, nor the government acting alone, can overrule the legislation of parliament. That is what the government was seeking to do – and why this ruling is so important. The court has upheld the fundamental principle that laws parliament has enacted cannot be swept away by the government.
    It's not about reversing any decision.....It's about PROCESS. I mean it's pretty clear really isn't it! The Govmt was not following due process! and the Court called them out for it.
  • Moto2
    Moto2 Posts: 2,206 Forumite
    CLAPTON wrote: »
    if the result of referrring the decision to parliament was that the UK remained in the EU, would you consider that a good result for democracy?

    May as well suspend any future general elections, just in case
    For the good of the country of course.

    They can re-introduce democracy at a future date, when things are stable.
    Change is inevitable, except from a vending machine.
  • StevieJ
    StevieJ Posts: 20,174 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    Dress that up however you want but you'll be on the wrong side of history if you support reversing a decision that was delegated to the [STRIKE]people of the country [/STRIKE] Sun and the Mail (between them 26 million subscribers in the UK) simply because you disagree with what the[STRIKE] people have said.[/STRIKE] Editors have written.
    .

    Just made a couple of amendemnts, to reflect how I see it :(
    'Just think for a moment what a prospect that is. A single market without barriers visible or invisible giving you direct and unhindered access to the purchasing power of over 300 million of the worlds wealthiest and most prosperous people' Margaret Thatcher
  • Moto2
    Moto2 Posts: 2,206 Forumite
    I reckon May will drop the appeal in an attempt to limit the damage and focus on doing the bare minimum in a bill to get it through.
    Change is inevitable, except from a vending machine.
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