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Former Supreme Justice...
'Constitionally Acceptable not to leave the EU, because the referendum is not a source of law.'
And there you have it!!!! Judicial activism at it's worst. Democracy RIP.
https://www.youtube.com/watch?v=NNqA6VbdRY8
'Constitionally Acceptable not to leave the EU, because the referendum is not a source of law.'
And there you have it!!!! Judicial activism at it's worst. Democracy RIP.
https://www.youtube.com/watch?v=NNqA6VbdRY8
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I really don't understand your point Injera. As he said "the referendum is not a source of law, it is not a method of keeping governments to account, the referendum is merely a snapshot of public opinion. The decisions under our system have to be made by Parliament". Which unfortunately doesn't seem to be happening.
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Therefore another referendum is a waste of time and money if a snapshot of opinion
as a civil war seems the only way either side will win. Or we can just all vote monster raving looney at the next......no i don't want,yes i do,no i don't |
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Despite him being a remainer, Sumption seems to make a lot of sense most of the time so I give him some rope.
So the referendum isn’t a source of law. Irrelevant your honour. |
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Whether he's a remainer or not is irrelevant. He's merely pointing out the obvious which is that a referendum is not the law. Parliament should consider the results of the referendum but they are not obliged to which does ask what's the point of having one.
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Because it’s a decision about how much power parliament retains. Whether giving power to Brussels or taking it back, you have a stronger mandate with the public onside. It’s not a legal matter, it’s a political matter.
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The referendum result despite being advisory, was the reason for Parliament to invoke Article 50.
Even if there is no obligation to carry out the advice of the referendum, Article 50 has to be carried out, unless there is a change in the law. |
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i wouldn't bank on that not happening; Bercow & the judges seem very proficient at doing just that
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Legally, they absolutely could. Politically, it’s not a very good idea.
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The EU referendum bill was enshrined in law. It meant a policy would be delegated to the public.
Parliament then would act on that delegated decision. If the referendum result is unlawful then we were duped, misled, lied to and treated with utter contempt. What other recourse do we have apart from force? |
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Well, after parliaments reneging, but before using force, is voting out parliaments that reneg.
For me, leaving isn’t reliant on 2016 or law or Farage or Bercow or getting a bill passed etc etc. The comfort is that 17m made the effort to go to a polling station to leave and millions more are at least ok with leaving because they have honour. It’s slow but parliament will sell out to the electorate rather than the other way around. Leaving is inevitable, it’s just a question of how much time and damage is done before we get there. |
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The last 3 years should have involved all sided Planning to get us the best Out that was Possible , Unfortunately
We have had nothing but spanner throwing from the Losing side , what ever the outcome , Its down to them .............. |
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You can't possibly make a referendum of "remain vs leave" legally binding. Totally impossible to make something dependent on a negotiation with a party you have no control over legally binding.
In theory if you'd negotiated a deal first, then legislated for it you could have made it legally binding. In practice this would have been virtually impossible, there would have been a lot of scrutiny into the deal, MPs I imagine would have wanted something very fleshed out, and given after Brexit all we've seen so far is bare bone agreements from Theresa May that do little beyond take us out the EU just highlights how difficult it would have been. |
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And before someone chimes in with it, you can't make "no deal" legally binding either in a referendum because it's not an actual position to legislate for.
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come on n88uk, you know better than that, that's just logic and legal technicalities, just get Brexit done, the Prime Minister has told us that is what he is trying to do but the surrender monkeys and traitors will not allow him to do so. We need to take care of the surrender monkeys and traitors.
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