UK government suffers Brexit court blow

CLAPTON

StevieJ wrote: »

I thought we wanted British judges dealing with British issues? I am so confused

I am confused too: I do indeed want the UK parliament and the UK justice system to deal with Uk matters.
Your assumption this means 3 male, white, middle class, middle aged, europhile judges does NOT seem a necesaary consequence. Maybe you would like an all white, male house of commons too as long as they are from the Uk?

Moto2

CLAPTON wrote: »

They, for example did NOT address the issue of whether article 50 is revocable.

They didn't address it because both sides agreed and stated it was irrevocable

EDIT: If the defendant had claimed it was revocable, they may well have won the case (political dogma prevented them)
They may well try doing though for the appeal if it goes ahead as they have no other leverage

The did NOT consider the question of the MPs voting 6 to 1 to authorise a referendum and the consequences there of.

They weren't asked by either side to consider that, perhaps the defendants were remiss?

prosaver

lets ask the 3 judges

we say no the people cant decided on referendum

jimjames

CLAPTON wrote: »

I am confused too: I do indeed want the UK parliament and the UK justice system to deal with Uk matters.
Your assumption this means 3 male, white, middle class, middle aged, europhile judges does NOT seem a necesaary consequence. Maybe you would like an all white, male house of commons too as long as they are from the Uk?

They are not deciding on policy or even making laws. They are enacting the laws that parliament has made.

How can anyone have an issue with that?

CLAPTON wrote: »

I do not believe there any MPs who declared that the referendum was advisory and they would only support the 'right ' result.

Maybe you actually need to read the legislation. Just because you werent aware doesn't mean it isn't true.

CLAPTON wrote: »

Judge made law has become an increasing undemocratic aspect of our system partly due to the ridiculous Human Rights nonsense which transfers huge power to judges.

Judges don't make law, parliament does. This judgement dates back to the English Civil war, no idea how you can link that to anything to do with Human Rights act.

jimjames

StevieJ wrote: »

All I know is that this country feels like a far darker place since the Brexit vote, the unpleasant underbelly is showing itself to the world

I totally agree. The level of vitriol directed at both sides but primarily by fanatical Leavers is quite scary as well as the complete ignorance of the democracy that they apparently wanted to be supreme. The Daily Mail headlines could well be seen as incitement when read by such people.

CLAPTON

jimjames wrote: »

.

Judges don't make law, parliament does. This judgement dates back to the English Civil war, no idea how you can link that to anything to do with Human Rights act.

try reading a undergraduate law textbook about whether judges make law or not
also Lord Denning (Master of the Rolls) book has some interesting views on his own decisions.

Moto2

jimjames wrote: »

I totally agree. The level of vitriol directed at both sides but primarily by fanatical Leavers is quite scary as well as the complete ignorance of the democracy that they apparently wanted to be supreme. The Daily Mail headlines could well be seen as incitement when read by such people.

There's been some terrible attacks on on people doing their job by the gutter press this week.
Former attorney general Dominic Grieve said the personal attacks on the three judges were “chilling and outrageous” and “smacking of the fascist state”.

I see black shirts are trending on eBay

Zero_Gravitas

I see Theresa May has now issued her official response to to judgement:

http://www.huffingtonpost.co.uk/entry/theresa-may-article-50_uk_581c5bcbe4b0c2e24aaf35b1