Do we have to leave the EU a QC says no
Discussion
Yes thats correct. For Article 50 to be invoked it needs an act of Parliament.
I posted this about it last night:
http://www.pistonheads.com/gassing/topic.asp?h=0&a...
I posted this about it last night:
http://www.pistonheads.com/gassing/topic.asp?h=0&a...
AlecT said:
I was reading today that a leading QC, an expert on constitutional law says the the referendum vote is not enough to leave the Eu, we need a vote in Parliament to change the law.
We are not governed by mass opinion but by Parliament. So can we stay in after all?
I for one hope so!
Correct. It will be an interesting debate.We are not governed by mass opinion but by Parliament. So can we stay in after all?
I for one hope so!
Nobody is going to risk a Parliamentary vote on this. That it would be unconstitutional in the view of a leading QC is irrelevant. The referendum was unconstitutional but that didn't stop it.
Britain is leaving the EU, now is not the time to be clutching at straws.
Britain should be trying to negotiate it's way out with as much dignity as it can muster.
Should Britain (assuming that Britain still exists by then) want to rejoin the EU in 7 to10 years time then conditions will be available I am sure. Not special conditions, the same 1s anybody applying would get.
Britain is leaving the EU, now is not the time to be clutching at straws.
Britain should be trying to negotiate it's way out with as much dignity as it can muster.
Should Britain (assuming that Britain still exists by then) want to rejoin the EU in 7 to10 years time then conditions will be available I am sure. Not special conditions, the same 1s anybody applying would get.
EnglishTony said:
Nobody is going to risk a Parliamentary vote on this. That it would be unconstitutional in the view of a leading QC is irrelevant. The referendum was unconstitutional but that didn't stop it.
Britain is leaving the EU, now is not the time to be clutching at straws.
Britain should be trying to negotiate it's way out with as much dignity as it can muster.
Should Britain (assuming that Britain still exists by then) want to rejoin the EU in 7 to10 years time then conditions will be available I am sure. Not special conditions, the same 1s anybody applying would get.
Its not just unconstitutional under UK law its also not allowed under Article 50. Britain is leaving the EU, now is not the time to be clutching at straws.
Britain should be trying to negotiate it's way out with as much dignity as it can muster.
Should Britain (assuming that Britain still exists by then) want to rejoin the EU in 7 to10 years time then conditions will be available I am sure. Not special conditions, the same 1s anybody applying would get.
The Act of parliament is required under both UK and EU laws for Brexit to be valid.
Otherwise we would already be in the countdown.
I don't think there was ever any doubt that the referendum was not binding on parliament. It has to go through by Act and MPs have to vote on it. There is a hurdle in the shape of the HoL but that is now only a delaying tactic and if they did try something it would lead to a constitutional problem.
By those MPs from the areas which voted to stay could, logically, say that as they represent their constituents they too should vote against an exit. Those that come from areas which voted for an exit can still vote to remain if they believe that it is in the best interests of the country to do so. It would probably mean deselection.
So the referendum is not binding.
By those MPs from the areas which voted to stay could, logically, say that as they represent their constituents they too should vote against an exit. Those that come from areas which voted for an exit can still vote to remain if they believe that it is in the best interests of the country to do so. It would probably mean deselection.
So the referendum is not binding.
Derek Smith said:
I don't think there was ever any doubt that the referendum was not binding on parliament. It has to go through by Act and MPs have to vote on it. There is a hurdle in the shape of the HoL but that is now only a delaying tactic and if they did try something it would lead to a constitutional problem.
By those MPs from the areas which voted to stay could, logically, say that as they represent their constituents they too should vote against an exit. Those that come from areas which voted for an exit can still vote to remain if they believe that it is in the best interests of the country to do so. It would probably mean deselection.
So the referendum is not binding.
Indeed. So for example, my MP is euro scpetic and is very pleased with the result. But the majority of people in the constituency voted Remain. By those MPs from the areas which voted to stay could, logically, say that as they represent their constituents they too should vote against an exit. Those that come from areas which voted for an exit can still vote to remain if they believe that it is in the best interests of the country to do so. It would probably mean deselection.
So the referendum is not binding.
cirian75 said:
So it's not over then yet?
I'm in the remain camp, but for God's sake please decide whether we're staying or going to end the uncertainty.
I think it is over, but I've been wrong before, and recently. I'm in the remain camp, but for God's sake please decide whether we're staying or going to end the uncertainty.
But some MPs will vote against I think, just as a display of macho, but there will not be many.
lostkiwi said:
Its not just unconstitutional under UK law its also not allowed under Article 50.
The Act of parliament is required under both UK and EU laws for Brexit to be valid.
Otherwise we would already be in the countdown.
Article 50 also seems to require that all citizens of voting age are given the opportunity to vote. This didn't happen but as it's an EU thing who cares?The Act of parliament is required under both UK and EU laws for Brexit to be valid.
Otherwise we would already be in the countdown.
Britain can hope that the EU insists that that the rules are seen as such and not merely as advisory non-binding guidelines but as they want Britain out every bit as much as Farage does don't hold your breath.
EnglishTony said:
lostkiwi said:
Its not just unconstitutional under UK law its also not allowed under Article 50.
The Act of parliament is required under both UK and EU laws for Brexit to be valid.
Otherwise we would already be in the countdown.
Article 50 also seems to require that all citizens of voting age are given the opportunity to vote. This didn't happen but as it's an EU thing who cares?The Act of parliament is required under both UK and EU laws for Brexit to be valid.
Otherwise we would already be in the countdown.
Britain can hope that the EU insists that that the rules are seen as such and not merely as advisory non-binding guidelines but as they want Britain out every bit as much as Farage does don't hold your breath.
I've noticed that. There does seem to be an element of "OK off you go" about the EU recation.
EnglishTony said:
Article 50 also seems to require that all citizens of voting age are given the opportunity to vote. This didn't happen but as it's an EU thing who cares?
Britain can hope that the EU insists that that the rules are seen as such and not merely as advisory non-binding guidelines but as they want Britain out every bit as much as Farage does don't hold your breath.
In what way did all citizens of voting age not have the opportunity to vote?Britain can hope that the EU insists that that the rules are seen as such and not merely as advisory non-binding guidelines but as they want Britain out every bit as much as Farage does don't hold your breath.
Gassing Station | News, Politics & Economics | Top of Page | What's New | My Stuff