Fantastic news but of course not a decisive blow to brexit. The papers and UKIP will attempt brow beat the MP's into voting with their constituencies rather than with their own conscience, but I fear the stakes are too high for them to acquiesce.
The happiest person may just be Theresa May as despite what she may say publicly she cannot really lose as if they vote and she wins then she can say without doubt she now has the clear mandate and support of the people and parliament, if she loses and it gets setback she can act as appalled and is not the one driving the country over the cliff anymore.
This referendum was political in its inception and remains so now, the politics just became up for grabs again however. Some would say that the problem should never have been created and we just needed create a political scenario to correct Camerons massive miscalculation, maybe this is the first step to doing so, maybe not, but the good thing either way is we begin to understand again that democracy did not end on the 23rd of June and the parliamentary sovereignty which was claimed to be fought for survives.
also, and entertainingly, if the government loses its High Court appeal, at present the only legal recourse to overturn the judgment would be to appeal to the European Court of Justice in Luxembourg, made up of the top judges from all the Member States of the EU. It's a beautiful irony that Europe could therefore be called on either to confirm UK parliamentary sovereignty by agreeing to overturn Brexit, or destroy UK Parliamentary Sovereignty by granting the government's wish to proceed with it.
I wish I had made that one up. Sunds like a job for Boris before he goes to the stocks...
People. If you, I, Mrs Grey and Yeold, coincidentally in the days of old, were out in the virgin forest and came to a river we were determined to cross as food and other good stuffs were on the other side would we:
A: Turn back and perish.
B: Wait until a government was invented to pass a law that made the building of bridges legal.
C: Co-operate as rational thinking human beings and look to build a bridge out of wood from said forest.
Man, from the dawn of time, has co-operated in mutual beneficial ways to overcome problems. Its what we do. Or are you telling me that the government invented electricity. All great inventions and innovations are made in the minds of men. Without laws and governments are you telling me that people will stop thinking? Or are you telling me that without laws and governments we would all prefer to stumble around in the dark. If anything laws, red tape and governments stifle creativity, condemn and vilify "madmen" and visionaries as charlatans.
Claretandbluesky not sure I can agree with your final point "but the good thing either way is we begin to understand again that democracy did not end on the 23rd of June and the parliamentary sovereignty which was claimed to be fought for survives."
There was a democratic vote, ok the result may not have been one that you, or 48% of the people that voted wanted, but it was still a vote put to the people. So why do you think that democracy ended on the 23rd?
There was a democratic vote, ok the result may not have been one that you, or 48% of the people that voted wanted, but it was still a vote put to the people. So why do you think that democracy ended on the 23rd?
Because we have a parliamentary democracy, not a direct democracy.
Yet the current government wanted to act in a way that did not accord with the rules of our parliamentary democracy.
C&B, surely in terms of what you describe as democratic, a straight yes or no referendum is as democratic as it gets. How is that undemocratic. And also on the point of parliamentary sovereignty, the government were elected on the promise of a referendum, and also promised to act immediately on the result. The government were voted in on this basis, surely a decision by three judges to countermand this "transaction" between the people and its government is wholly undemocratic.
It is upholding democracy, by ensuring that the PM doesn't abuse his/her power.
The govt is elected on many promises, but if they make promises they can't keep without breaking the law, we shouldn't give them the not to just go ahead and do it anyway.
Swiss - sorry to disappoint but the UK Supreme Court is the highest court in the UK and the EU Courts of Justice has no place in the determination of constitutional issues in any sovereign state within the Union.
All great inventions and innovations are made in the minds of men.
I'll just leave that there.
I don`t understand the significance. Are you saying that governments and states and laws are always right as they were conceived in the minds of men?? Like slavery, and capital punishment, and the thumb screw, and napalm and flatpack furniture.
We don`t always get it right. The path of human endeavour and consciousness is forever advancing and developing. I hope and think that one day the World will be truly peaceful, truly free, and truly equal. There is only one "doctrine" I have come across so far where these are its only declared objectives. No fudges, no qualifications. Peace, freedom and equality for all men. Simple.
The vote as I understand it was of an entirely advisory nature and this was included in the referendum act, it could have been made explicit that it was not advisory but was chosen not to. As an advisory referendum it presented the countries wishes, which was of a very slender majority. That advice was designed to be for the parliament which alone has the ability to enact new laws.
The ruling today points this out categorically, which is also why TM will be making a pointless appeal. Parliament has not stated it intends to go against the advice of the referendum but that it has so little information at present with regard what Brexit would like, as the prime minister has been more interested in brexit means brexit and playing to the home crowd than seeking to bring everyone together.
During the forthcoming debate parliament will have to endorse the advice of the referendum or make a very good and coherent case as to why it is not with the 1.9% majority and is taking a different course. But this was always the nature of the vote, the vote could have been made binding but was not done so, it was advisory and the advice was for our sovereign parliament, they must now consider it and vote upon it, something up to now has been not allowed.
This brings me to the question Tom has written about my suggestion that democracy should not have ended on 23rd of June. The reason I suggested that some feel it should is that they wish that one very close vote to trump everything else and to be the end of it. I Democracy is never ending however and that vote is the first step, it then gets debated at the next level, and then the next which is the lords and then it gets passed. A good thing to remember is that the Lords (love em or hate em) was designed to be a safeguard against an irrational parliament, and in the case of referendum parliament should be the same safe guard, but many wish that referendum trump everything and need not be scrutinised after such a vote. When in fact this vote probably more than any other has room and need for scrutiny. If we agree with democracy we must surely agree with all aspects and it's ongoing nature. If brexit gets through parliament, and the lords then not even the staunchest remainer can complain, but where it stands at present the debate has not properly been had away from headlines and buses in truth.
It is upholding democracy, by ensuring that the PM doesn't abuse his/her power.
The govt is elected on many promises, but if they make promises they can't keep without breaking the law, we shouldn't give them the not to just go ahead and do it anyway.
"breaking the law" in this instance is surely how the law is interpreted. If these politicians are SO clever surely they thought they were acting in good faith and within the law. Surely they wouldn`t have the temerity to flout there own laws.
Let them have a vote ? what are they going to do, ignore the majority and watch their vote plummet in the next general election its the equivalent of Political suicide to vote against it. The only ones who would do it and get away with it would be the SNP as they would just throw the line out they are representing Scottish interests.
It will be fascinating yeold and I wouldn't want to be an MP who has to decide which way to go. I do not feel the Govt could win a free vote today. They possibly could if providing assurances and detailing what brexit they are seeking. TM could have done this but instead disregarded the 49% by saying brexit means brexit and anything else is trying to subvert democracy, we will do as we like. Well the law have stated today that she can't. MP's will not block it for fun and if she grows up and acts like a stateswoman rather than a cheerleader for the crowd ( see her tory conference speech) she may be able to win them over.
It is a red herring in my book the line about not making her negotiating strategy public as we all know what it is and so do the EU. We want as much access as possible but need concessions on immigration, for which we will pay in another way. We have so little leverage that the idea that we say we wont buy cheese and BMW'S unless we get everything we want is ludicrous.
Let them have a vote ? what are they going to do, ignore the majority and watch their vote plummet in the next general election its the equivalent of Political suicide to vote against it. The only ones who would do it and get away with it would be the SNP as they would just throw the line out they are representing Scottish interests.
Not sure I agree.
Do you mean individual MPs voting on this Triggering Bill (which sounds a bit ;cowboy )?
It is highly likely that if they vote according to what the majority of their constituents want, at least some would have to vote to remain.
Who really believes that if there were to be a second referendum now that the leavers' promises have been exposed for what they are, and the likely economic situation is becoming clearer, the vote would still be to leave? ;hmm
Sorry Mrs G, misunderstood, and to be honest I`ve had trouble keeping up with the toos and fros today so didn`t really have time to stop and think......... ;biggrin
C&B - it was my understanding that TM was going to give MP's a vote on the Brexit deal, just not on when we trigger article 50. I appreciate that these are two complex issues that are linked, but I still believe that the democratic process would have been upheld to a degree.
If we have a vote on when/if we trigger article 50 and the MP's block it then we are going to look jolly stupid going cap in hand back to the EU hoping that they didn't notice our little flirtation with the greener grass...
There should have been much clearer guidelines before we voted so that we would know what the next process would be following the result. Unfortunately the powers that be didn't realise that so many people would vote to leave.
It will be fascinating to watch, as if she loses the vote she cannot trigger article 50, so she needs either another vote or a genral election which in my book would be more likely, but even with Corbyn who is about as beatable as she could hope to have in front of her she is still taking a massive risk as it would be turned into another referendum and all Labour would need do is state they will not trigger without a parliamentary vote and then all of a sudden she is in trouble if she campaigns on a pro brexit card ( and she couldn't do anything else). The Richmond by election will provide her food for thought as if Zac gets over turned she will know that all elections for the foreseeable are only about brexit.
Claretandbluesky - you sound like a reasonable and honest individual.
Would like to get your take on a few things:
Had there been a 'slender majority' in favour of remaining would you still be arguing that 'it was only advisory' and could be legitimately impeded by an 'individual' bringing a high court action?
What's your view on the process whereby an individual can challenge the government in the high court on this? And are you comfortable with the motives she claimed to be behind her action.
Do you not think it strange that none of the high profile remainers - politicians, arts, business etc. Chose not to bring such an action - or associate themselves with the action until the outcome was announced?
Do you have a view on how the individual funded this action and whether she personally funded the ranks of Barristers lined up behind her? If not, who do you think actually funded the action? And what were their motives in remaining anonymous?
Not having a go at you - just interested in your, or others, thoughts on these matters.
NE, I would still vote leave, in fact the shenanigans that have taken place since the vote has done nothing but stiffen my resolve. And as a final thought as to the "rule of law"
The state calls its own violence law, but that of the individual, crime.
Claretandbluesky - you sound like a reasonable and honest individual.
Would like to get your take on a few things:
Had there been a 'slender majority' in favour of remaining would you still be arguing that 'it was only advisory' and could be legitimately impeded by an 'individual' bringing a high court action?
Mind if I weigh in on this one, as a firm remainer? I would still have expected it to be discussed however I would have expected a marginal remain vote to actually hold more weight due to it being a vote for no change.
A vote to change something, generally speaking, is usually examined far more thoroughly in business and in most peoples lives, than an agreement to keep things as they are. That doesn't mean no investigation/discussion, just less of one imo.
Mike, for myself, I think it is fantastic that the govt can be held to account by ordinary people through a legal process. Nobody is above the law, and nobody is beneath it - a great thing to be able to say about a society imo.
I am not bothered by her stated or unstated motives. Or allegations or insinuation abdout what they might or might not have been.
Or who paid (initially, since now the costs will largely have to be borne by the losing side.) And how much of it came from 1 person, and how much from crowdfunding via named or anonymous donations.
I'm completely unbothered about who didn't get involved with it, and why.
Finally, on the matter of it being only advisory - nobody has to argue anything, as it is not a matter of opinion. Rather it is a matter of fact, as under current UK law a referendum is not legally binding unless the statute which puts it in place expressly says that it will be binding. Which this one didn't. So it isn't.
Touching on Mikes question I will admit it has frustrated me at how much people have tried to prevent/over turn the result before even seeing what the final outcome is.
However having read up on this more this afternoon I now actually think that this could be a blessing as if the MP's and then the Lords do pass an act of parliament to go ahead with the triggering of article 50 then it completely takes away the argument that it was undemocratic.
Also with regards to a snap election being called, given that 70% of Labour constituencies voted with a majority leave it will be either very brave, or very catastrophic for them to go against that. Of course they may pick up new voters who don't want to leave, but given that the majority of remain votes came in the cities are there enough seats there to outweigh the leaves in the rural areas?
Comments
The happiest person may just be Theresa May as despite what she may say publicly she cannot really lose as if they vote and she wins then she can say without doubt she now has the clear mandate and support of the people and parliament, if she loses and it gets setback she can act as appalled and is not the one driving the country over the cliff anymore.
This referendum was political in its inception and remains so now, the politics just became up for grabs again however. Some would say that the problem should never have been created and we just needed create a political scenario to correct Camerons massive miscalculation, maybe this is the first step to doing so, maybe not, but the good thing either way is we begin to understand again that democracy did not end on the 23rd of June and the parliamentary sovereignty which was claimed to be fought for survives.
I wish I had made that one up. Sunds like a job for Boris before he goes to the stocks...
A: Turn back and perish.
B: Wait until a government was invented to pass a law that made the building of bridges legal.
C: Co-operate as rational thinking human beings and look to build a bridge out of wood from said forest.
Man, from the dawn of time, has co-operated in mutual beneficial ways to overcome problems. Its what we do. Or are you telling me that the government invented electricity. All great inventions and innovations are made in the minds of men. Without laws and governments are you telling me that people will stop thinking? Or are you telling me that without laws and governments we would all prefer to stumble around in the dark. If anything laws, red tape and governments stifle creativity, condemn and vilify "madmen" and visionaries as charlatans.
There was a democratic vote, ok the result may not have been one that you, or 48% of the people that voted wanted, but it was still a vote put to the people. So why do you think that democracy ended on the 23rd?
Yet the current government wanted to act in a way that did not accord with the rules of our parliamentary democracy.
It is upholding democracy, by ensuring that the PM doesn't abuse his/her power.
The govt is elected on many promises, but if they make promises they can't keep without breaking the law, we shouldn't give them the not to just go ahead and do it anyway.
We don`t always get it right. The path of human endeavour and consciousness is forever advancing and developing. I hope and think that one day the World will be truly peaceful, truly free, and truly equal. There is only one "doctrine" I have come across so far where these are its only declared objectives. No fudges, no qualifications. Peace, freedom and equality for all men. Simple.
The ruling today points this out categorically, which is also why TM will be making a pointless appeal. Parliament has not stated it intends to go against the advice of the referendum but that it has so little information at present with regard what Brexit would like, as the prime minister has been more interested in brexit means brexit and playing to the home crowd than seeking to bring everyone together.
During the forthcoming debate parliament will have to endorse the advice of the referendum or make a very good and coherent case as to why it is not with the 1.9% majority and is taking a different course. But this was always the nature of the vote, the vote could have been made binding but was not done so, it was advisory and the advice was for our sovereign parliament, they must now consider it and vote upon it, something up to now has been not allowed.
This brings me to the question Tom has written about my suggestion that democracy should not have ended on 23rd of June. The reason I suggested that some feel it should is that they wish that one very close vote to trump everything else and to be the end of it. I Democracy is never ending however and that vote is the first step, it then gets debated at the next level, and then the next which is the lords and then it gets passed. A good thing to remember is that the Lords (love em or hate em) was designed to be a safeguard against an irrational parliament, and in the case of referendum parliament should be the same safe guard, but many wish that referendum trump everything and need not be scrutinised after such a vote. When in fact this vote probably more than any other has room and need for scrutiny. If we agree with democracy we must surely agree with all aspects and it's ongoing nature. If brexit gets through parliament, and the lords then not even the staunchest remainer can complain, but where it stands at present the debate has not properly been had away from headlines and buses in truth.
http://www.bbc.com/news/uk-politics-37861456
It is a red herring in my book the line about not making her negotiating strategy public as we all know what it is and so do the EU. We want as much access as possible but need concessions on immigration, for which we will pay in another way. We have so little leverage that the idea that we say we wont buy cheese and BMW'S unless we get everything we want is ludicrous.
Do you mean individual MPs voting on this Triggering Bill (which sounds a bit ;cowboy )?
It is highly likely that if they vote according to what the majority of their constituents want, at least some would have to vote to remain.
;hmm
If we have a vote on when/if we trigger article 50 and the MP's block it then we are going to look jolly stupid going cap in hand back to the EU hoping that they didn't notice our little flirtation with the greener grass...
There should have been much clearer guidelines before we voted so that we would know what the next process would be following the result. Unfortunately the powers that be didn't realise that so many people would vote to leave.
Would like to get your take on a few things:
Had there been a 'slender majority' in favour of remaining would you still be arguing that 'it was only advisory' and could be legitimately impeded by an 'individual' bringing a high court action?
What's your view on the process whereby an individual can challenge the government in the high court on this? And are you comfortable with the motives she claimed to be behind her action.
Do you not think it strange that none of the high profile remainers - politicians, arts, business etc. Chose not to bring such an action - or associate themselves with the action until the outcome was announced?
Do you have a view on how the individual funded this action and whether she personally funded the ranks of Barristers lined up behind her? If not, who do you think actually funded the action? And what were their motives in remaining anonymous?
Not having a go at you - just interested in your, or others, thoughts on these matters.
The state calls its own violence law, but that of the individual, crime.
A vote to change something, generally speaking, is usually examined far more thoroughly in business and in most peoples lives, than an agreement to keep things as they are. That doesn't mean no investigation/discussion, just less of one imo.
I am not bothered by her stated or unstated motives. Or allegations or insinuation abdout what they might or might not have been.
Or who paid (initially, since now the costs will largely have to be borne by the losing side.) And how much of it came from 1 person, and how much from crowdfunding via named or anonymous donations.
I'm completely unbothered about who didn't get involved with it, and why.
Finally, on the matter of it being only advisory - nobody has to argue anything, as it is not a matter of opinion. Rather it is a matter of fact, as under current UK law a referendum is not legally binding unless the statute which puts it in place expressly says that it will be binding. Which this one didn't. So it isn't.
However having read up on this more this afternoon I now actually think that this could be a blessing as if the MP's and then the Lords do pass an act of parliament to go ahead with the triggering of article 50 then it completely takes away the argument that it was undemocratic.
Also with regards to a snap election being called, given that 70% of Labour constituencies voted with a majority leave it will be either very brave, or very catastrophic for them to go against that. Of course they may pick up new voters who don't want to leave, but given that the majority of remain votes came in the cities are there enough seats there to outweigh the leaves in the rural areas?
Can the govt remove existing legal rights and protections from UK citizens on their own authority, just because they want to (for whatever reason).
The High Court looked at the law, and said NO.
Parliament is the only body authorised to do that.
Personally, that makes me very happy.