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Scruffy Oik Member of the Inner Circle
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Scruffy Oik Member of the Inner Circle
Joined: Apr 2008
Posts: 12,256 Likes: 317 |
Any prime minister will need parliamentary approval to trigger article 50 of the Lisbon Treaty and initiate the UK’s exit from the European Union, according to a report by constitutional lawyers.
In a legal opinion published on Monday, Nick Barber, a fellow at Trinity College, Oxford, Tom Hickman, a barrister at Blackstone Chambers and reader at University Collegge, London, and Jeff King, a senior law lecturer at UCL, declare that: “In our constitution, parliament gets to make this decision, not the prime minister.”
They add:
The prime minister is unable to issue a declaration under Article 50 of the Lisbon Treaty – triggering our withdrawal from the European Union – without having been first authorised to do so by an Act of the United Kingdom Parliament. Were he to attempt to do so before such a statute was passed, the declaration would be legally ineffective as a matter of domestic law and it would also fail to comply with the requirements of Article 50 itself.
Their argument is based on the fact article 50 states that any withdrawal from the EU must be made ‘in accordance with the state’s constitutional requirements’. Traditional constitutional arrangements involve parliamentary sovereignty.
“Parliament could conclude that it would be contrary to the national interest to invoke article 50 whilst it is in the dark about what the key essentials of the new relationship with the EU are going to be, and without knowing what terms the EU is going to offer,” the three authors suggest.
Handing parliament, where the majority of MPs are remain supporters, a veto on Brexit is not a legal interpretation that is going to be welcomed by leave voters.
Tim H.
1986 4/4 VVTi Sport, 2002 LR Defender, 2022 Mini Cooper SE
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Joined: Jul 2011
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Talk Morgan Enthusiast
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Talk Morgan Enthusiast
Joined: Jul 2011
Posts: 1,948 |
I dont want to knock the Scots, because they must have a good reason for believing what they do.
But...... I still do not understand why they want to leave a union where they are(possibly were) part of the fastest growing economy in the G7 and where they are physically and fiscally interlocked and where the SNP have quite a lot of influence in parliament, but want to be part of a failing union where they will be subject to laws, directives and other controls and have hardly any influence.
I dont get it.
I don't get it either - but then I'm English (despite my name) Perhaps the 'Auld Alliance' still resonates in the Scottish culture more than I would appreciate. If the Scots do vote again on whether to remain in the United Kingdom, then I hope the British Government ensure that this is on the basis of some clear economic data, rather than Treasury threats and managed propaganda from their international cronies including OECD, IMF, ECB etc If I were a Scot I would want to know: - What share of the UK national debt would be allocated to Scotland as an independent state - What would be the cost of fully-devolved public services in Scotland & what is this as a % of Scotland's GDP - What international credit rating would Scottish sovereign debt be allocated - Would Scotland meet the Maastricht criteria to join the Euro? Personally, I see a big risk for the Scots jumping out of the frying pan and straight into the fire...
Last edited by twotribes; 27/06/16 02:32 PM.
Stuart
"There's no skill substitute like cubic inches."
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Joined: Aug 2013
Posts: 5,210
Charter Member
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Charter Member
Joined: Aug 2013
Posts: 5,210 |
Any prime minister will need parliamentary approval to trigger article 50 of the Lisbon Treaty and initiate the UK’s exit from the European Union, according to a report by constitutional lawyers.
In a legal opinion published on Monday, Nick Barber, a fellow at Trinity College, Oxford, Tom Hickman, a barrister at Blackstone Chambers and reader at University Collegge, London, and Jeff King, a senior law lecturer at UCL, declare that: “In our constitution, parliament gets to make this decision, not the prime minister.”
They add:
The prime minister is unable to issue a declaration under Article 50 of the Lisbon Treaty – triggering our withdrawal from the European Union – without having been first authorised to do so by an Act of the United Kingdom Parliament. Were he to attempt to do so before such a statute was passed, the declaration would be legally ineffective as a matter of domestic law and it would also fail to comply with the requirements of Article 50 itself.
Their argument is based on the fact article 50 states that any withdrawal from the EU must be made ‘in accordance with the state’s constitutional requirements’. Traditional constitutional arrangements involve parliamentary sovereignty.
“Parliament could conclude that it would be contrary to the national interest to invoke article 50 whilst it is in the dark about what the key essentials of the new relationship with the EU are going to be, and without knowing what terms the EU is going to offer,” the three authors suggest.
Handing parliament, where the majority of MPs are remain supporters, a veto on Brexit is not a legal interpretation that is going to be welcomed by leave voters.
Well if that's the case it looks like this could play on for a good while yet before the nuke button gets pressed. I wonder what the situation would be if there wasn't a parlimentary majority to agree for Article 50 to be invoked?
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Joined: Dec 2009
Posts: 37,403 Likes: 977
Tricky Dicky Member of the Inner Circle
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Tricky Dicky Member of the Inner Circle
Joined: Dec 2009
Posts: 37,403 Likes: 977 |
If Corbyn carries on with his head up his **** there won't be many left to vote...
2009 4/4 Sport Henrietta
1999 Indigo Blue +8
2009 4/4 Sport Green prev
1993 Con Green +8 prev
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Joined: Aug 2013
Posts: 5,210
Charter Member
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Charter Member
Joined: Aug 2013
Posts: 5,210 |
If Corbyn carries on with his head up his **** there won't be many left to vote... I wonder how long it will be before those that got apppointed this morning start resigning? If the last three days was a TV series we'd all be slating it saying it's a load of rubbish because it would never happen in the UK...
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Joined: Dec 2009
Posts: 37,403 Likes: 977
Tricky Dicky Member of the Inner Circle
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Tricky Dicky Member of the Inner Circle
Joined: Dec 2009
Posts: 37,403 Likes: 977 |
If Corbyn carries on with his head up his **** there won't be many left to vote... I wonder how long it will be before those that got apppointed this morning start resigning? If the last three days was a TV series we'd all be slating it saying it's a load of rubbish because it would never happen in the UK... So true it would have made a great Archer novel but we would all have cried that's too far fetched. I get the distinct feeling that not one of them from any party could have visualised this rapid disintegration of the system. I can see it being left to Theresa May to sign after Boris and Farage are retired hurt..
2009 4/4 Sport Henrietta
1999 Indigo Blue +8
2009 4/4 Sport Green prev
1993 Con Green +8 prev
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Joined: Apr 2011
Posts: 8,646
Needs to Get Out More!
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Needs to Get Out More!
Joined: Apr 2011
Posts: 8,646 |
I can see it being left to Theresa May to sign after Boris and Farage are retired hurt..
NO !! Boris has got what he wants. Now I want to see him wear it. I want to see him clear up this dermot-storm he has created. (He won't be able to by the way. He's a journalist playing at politics. Although a successful journalist, as a politician he has a track record of being lazy, sloppy, not turning up on time and failing to master the brief).
Giles. Mogless in Paris.
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Joined: Dec 2009
Posts: 37,403 Likes: 977
Tricky Dicky Member of the Inner Circle
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Tricky Dicky Member of the Inner Circle
Joined: Dec 2009
Posts: 37,403 Likes: 977 |
I can see it being left to Theresa May to sign after Boris and Farage are retired hurt..
NO !! Boris has got what he wants. Now I want to see him wear it. I want to see him clear up this dermot-storm he has created. (He won't be able to by the way. He's a journalist playing at politics. Although a successful journalist, as a politician he has a track record of being lazy, sloppy, not turning up on time and failing to master the brief). Whilst I appreciate the sentiment Giles do you really think the party are going to have him as their leader ? I wouldn't employ him as a tea boy... and I suspect you may not either. At best he is a court jester.
2009 4/4 Sport Henrietta
1999 Indigo Blue +8
2009 4/4 Sport Green prev
1993 Con Green +8 prev
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Joined: Apr 2011
Posts: 8,646
Needs to Get Out More!
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Needs to Get Out More!
Joined: Apr 2011
Posts: 8,646 |
I wouldn't employ him as a tea boy... and I suspect you may not either.
You got that right !! 
Giles. Mogless in Paris.
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Joined: Aug 2013
Posts: 5,210
Charter Member
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Charter Member
Joined: Aug 2013
Posts: 5,210 |
I wouldn't employ him as a tea boy... and I suspect you may not either.
You got that right !! It's so unreal. The two major parties in total disarray and the remaining parties are barely capable of matching tea cups up with saucers. Politicians of all parties have got a lot of hard work to do to bring back voter confidence in time for the next election.
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