Will Govt. win in Supreme Court?

movilogo

Do you think Supreme Court will overturn High Court ruling or it will uphold the verdict?

movilogo

Assuming [STRIKE]birds [/STRIKE]judges of same feather flock together, I think supreme court will support high court verdict.

It has already been revealed that several of those supreme court judges have got connection with EU - so outcome is easy to guess.

I wonder why the govt. even bothered to apply to Supreme Court.

Herzlos

The law looks pretty clear.

Out,_Vile_Jelly

Bit of a waste of time; accept that it's quite reasonable for parliament to debate such a major issue and get on with it.

The lawyers are, as usual, the big winners.

mayonnaise

Are there any openly gay ex-Olympic fencers on this supreme court?

DiggerUK

Don't worry, there will be another prime minister along soon..._

discat11

When I last saw the news those unhappy with the judge's ruling were talking about ONE of the judges being 'biased' but all 3 being out of touch.

This morning I have seen social media memes about 2 or even all 3 being pro-EU biased.

Now all I seem to see are stories about the supreme court judges being biased also.

Just so I've got this straight -

Judge who agrees with Brexit openly (however he judges) -impartial (but we want to check how he's judged JIC).

Judge who doesn't agree with Brexit (however he judges) -biased.

Judge who doesn't have strong feelings either way who rules in favour of an action you think is anti -Brexit (whether it is or not) -Biased

Judge who doesn't have strong feelings either way who rules against an action you think is anti -Brexit (whether it is or not) -impartial.

I think that clears it up anyway.

If the supreme court over-rule OR uphold the high court judgment then the matters rests IMHO.

steampowered

Personally, I think it is likely that the High Court judgment will be upheld. The High Court judgment was forceful and makes a lot of sense.

The logic that membership of the EU was implemented through the European Communities Act 1972, and you need the consent of parliament to repeal an Act of parliament, seems very clear to me.

I suppose the Supreme Court could take the view that serving a notice under Article 50 of the EC Treaty would not actually be repealing the European Communities Act 1972. That would lead to a very strange result, since it could lead to a situation where the UK has left the EU as a matter of European law, yet all European laws still apply in the UK (since the European Communities Act 1972 applies European laws in the UK).

Tammykitty

steampowered wrote: »

Personally, I think it is likely that the High Court judgment will be upheld. The High Court judgment was forceful and makes a lot of sense.

The logic that membership of the EU was implemented through the European Communities Act 1972, and you need the consent of parliament to repeal an Act of parliament, seems very clear to me.

I suppose the Supreme Court could take the view that serving a notice under Article 50 of the EC Treaty would not actually be repealing the European Communities Act 1972. That would lead to a very strange result, since it could lead to a situation where the UK has left the EU as a matter of European law, yet all European laws still apply in the UK (since the European Communities Act 1972 applies European laws in the UK).

This is the view the NI High court took

Masomnia

Hamish and I had this discussion the other day. I took the view similar to the NI court, that the ECA will still apply until repealed by Parliament, so the rights still apply.

Hamish quite rightly pointed out that once we leave the EU we lose our rights to live and work elsewhere as EU citizens, even if the ECA is still in place.

I'm sure that's right, but I don't know whether a UK court will rule based on EU law. I doubt there is any precedent for a situation like this one.

steampowered

Masomnia wrote: »

Hamish quite rightly pointed out that once we leave the EU we lose our rights to live and work elsewhere as EU citizens, even if the ECA is still in place.

Yes, that sounds right.

The other side of the coin is that, so long as the ECA remains in place, EU law remains a part of UK law. So it seems to me that leaving the EU without repealing the ECA would lead to a situation where citizens of EU member states are entitled to free movement in the UK, but UK citizens are not entitled to free movement in the EU.

I suppose that is the literal conclusion of triggering Article 50 without repealing the ECA but it just seems absurd.