No Brexit eventually?!

jumperabv3

I started this mini-monster thread about a month ago:

https://forums.moneysavingexpert.com/discussion/5537269

Now looks like Brexit has been ruled out by the high court in the UK - some people call it the "death of democracy" - what's going to happen now?!

:eek:

jonesMUFCforever

Brexit has not been ruled out - just that parliament will have to agree to the terms before it is agreed.

WorkingTowardsDebtFree

No, the High Court has NOT ruled out Brexit.

No the ruling is NOT the death of democracy.

The high court has ruled in line with the rule of law - that is to say:

- That Parliament is sovereign.

- That Royal Prerogative CANNOT overall the constitutional precedent that Parliament is sovereign.

- That Royal Prerogative being used to trigger Article 50 leads to the UK leaving the EU which means that a Parliamentary statute would be overruled, therefore undermining democracy and Parliamentary sovereignty.

This means that the government has to get Parliamentary approval to trigger A50. This is right as the referendum - by law - was only advisory. This means that Theresa May can't - as PM - act in a despotic/dictatorial manner reminiscent of corrupt monarchs pre-Magna Carta to do whatever she wishes at odds with Parliament. It means that she's likely to have to concede to involve politicians from all parties, and from all constituent parts of the UK (England, Wales, Scotland, NI) in the negotiations in order to get backing to trigger A50.

Those that voted for Brexit voted for British sovereignty which is expressed through Parliamentary sovereignty. As someone else pointed out to Nigel Farage today - "It is a British court applying British law, serving justice to British people".

This is a good day for democracy, and for the rule of law.

Also, as is right, the government has the right of appeal to the Supreme Court.

colsten

WorkingTowardsDebtFree wrote: »

Also, as is right, the government has the right of appeal to the Supreme Court.

Which is exactly what will be happening now, in early December. Even more British court applying British law, serving justice to British people. Nobody demanding democracy can seriously be unhappy about that.

Jlawson118

It's all been about the way that the government have dealt with Brexit, it more than likely will still go ahead. It just means Theresa May cannot act on her own like she has been, all of Parliament need to be involved or something

jumperabv3

I read an article in the Telegraph about it and in the Daily Mail ...

Practically speaking - the UK was under pressure until now because of fear of exodus of businesses from the UK - now the fear has slightly been alleviated because of this court ruling (which explains slight bounce in the pound).

Basically the articles explain how the parliament and the MPs can drag this on forever, it could take even more time than people think and eventually it could just be forgotten or thrown away through some political vehicle (2nd referendum, more court rulings etc.)

Many people however do comment in those articles that that is "death of democracy" and they do feel like they've been betrayed ..

It's correct that the Brexit wasn't ruled out but now that it's in the hands of the parliament it could take years or even many not happen in the end as the articles claim ... or at best it would happen with slight modifications to the current UK membership in the EU....

Anyway bottom line is many brexiters are upset with this court ruling, quite extremely upset.

[Deleted User]

jumperabv3 wrote: »

Anyway bottom line is many brexiters are upset with this court ruling, quite extremely upset.

Unfortunately, you can't please all of the people all of the time.

System

The Northern Irish High Court reached a differing view to the High Court of England and Wales.

The Court of Session hasn't been consulted either - it should be fun if that reaches a differing view.

jumperabv3 wrote: »

I started this mini-monster thread about a month ago:

https://forums.moneysavingexpert.com/discussion/5537269

Now looks like Brexit has been ruled out by the high court in the UK - some people call it the "death of democracy" - what's going to happen now?!

:eek:

iammumtoone

Sleazy wrote: »

Unfortunately, you can't please all of the people all of the time.

Of course they are upset, whatever you voted you must be able to understand why.

They were told they were voting on whether the UK leaves the EU, they were not told they were voting on if we should stay or if they wanted to leave but ultimately the decision was down to Parliament. Its like if remain had won the remainders now being told that we would only be staying in the EU if UKIP agree with their decision.

The next general election will be interesting one as it sounds like this could now still be an outstanding issue by then.

[Deleted User]

iammumtoone wrote: »

Of course they are upset, whatever you voted you must be able to understand why.

They were told they were voting on whether the UK leaves the EU, they were not told they were voting on if we should stay or if they wanted to leave but ultimately the decision was down to Parliament. Its like if remain had won the remainders now being told that we would only be staying in the EU if UKIP agree with their decision.

The next general election will be interesting one as it sounds like this could now still be an outstanding issue by then.

If only David Cameron had got on a plane to Brussels within a day or two of a leave vote as he had promised ....

eskbanker

jumperabv3 wrote: »

I read an article in the Telegraph about it and in the Daily Mail ...

jumperabv3 wrote: »

looks like Brexit has been ruled out by the high court in the UK - some people call it the "death of democracy" - what's going to happen now?!

I think you'll find that this interpretation says rather more about Daily Mail readers and their gullibility and (lack of) capacity for rational cognitive processes than what's actually happening in the real world!