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UK's Brexit Cannot Pass Without Parliament Approval (aljazeera.com)

Parliament must vote on whether the UK can start the process of leaving the EU, the High Court ruled on Thursday. This means the government cannot trigger Article 50 of the Lisbon Treaty -- beginning formal exit-negotiations with the EU on its own. An anonymous reader shares a report on AlJazeera: The UK's High Court has ruled that Theresa May's administration is not allowed to trigger the country's exit from the European Union, or Brexit, without approval from parliament. Three senior judges ruled on Thursday that "the government does not have the power under the Crown's prerogative" to start EU exit talks. The case is considered the most important constitutional matter in a generation. The government plans to appeal the ruling before the Supreme Court. Plans for Brexit are being challenged in a case with major constitutional implications, hinging on the balance of power between parliament and the government. May has said she will launch exit negotiations with the EU by March 31.

11 of 609 comments (clear)

  1. Re:Huh who knew? by Anonymous Coward · · Score: 0, Informative

    You mean unilaterally overturn legislation that the populous voted that they want overturned?

  2. Re:Huh who knew? by KiloByte · · Score: 3, Informative

    What part of the word non-binding is hard to understand? Despite what Farage and May want, the referendum was from the beginning purely advisory.

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  3. Re:Huh who knew? by serviscope_minor · · Score: 5, Informative

    You mean unilaterally overturn legislation that the populous voted that they want overturned?

    Yes. That's sort of the point of a legal system. You can't just shit over the laws simply because you really really really want to.

    "The people" apparently want it and now it has to go through parliament just like any other law "the people" really really really want.

    On the plus side this means the PM might have to awnser tricky questions like, oh I don't know, "what's your plan", and you know hold things up until a plan. The brexit vote simply means as we are told, brexit. It doesn't mean exit instantly with no plan at all.

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  4. Re:POWAR TO THE PEOPLE! by TheRaven64 · · Score: 5, Informative
    Please stop repeating this. Democracy and republic are completely orthogonal terms. A democracy is a state in which the people[1] hold power (either via directly voting on issues in a direct democracy, or by electing representatives in a representative democracy), a republic is one in which the head of state is not selected by the hereditary principle. The US is a democratic republic, the UK is a democratic constitutional monarchy (but not a republic).

    [1] Literally, 'the city', which in the case of the UK is a bit more true than we'd like: has far too much power.

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  5. Re:Ironically by jabuzz · · Score: 3, Informative

    No the court has ruled that only Parliament can overturn an Act of Parliament. As triggering Article 50 would over turn the 1973 EEC Act then Parliament and *ONLY* Parliament can give the authority to trigger Article 50.

    This is UK constitutional law 101 and anyone who thought otherwise is simply ignorant of the law. Blame Cameron for not making the referendum result legally binding.

  6. Re:POWAR TO THE PEOPLE! by amorsen · · Score: 1, Informative

    The parliament can enact a law and say "this law comes into effect on January 1st 2017, provided the public votes yes to referendum foo before that date".

    That way the referendum is binding, sort of.

    Nothing stops parliament from repealing that law on January 2nd, of course. (Or even on December 31st).

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  7. Re:Where have I heard that before by l0n3s0m3phr34k · · Score: 3, Informative

    Technically, he got 52.9% out of 58.2% turnout in the popular vote, or roughly 1/4 of eligible voters. He got 67% of the electoral college votes. USA voter turnout hasn't gone over 60% since the late 1960s.

  8. Re:POWAR TO THE PEOPLE! by Rande · · Score: 3, Informative

    I voted to Remain, but I'd be very concerned if the Parliament ignored this referendum as it would meant that it's would be pointless to run any further referendum as any vote would only be used to further the aims of the government, not change them.

  9. Parliament made a Choice by Roger+W+Moore · · Score: 4, Informative

    Actually it *is* OK to "ignore what they say" since in the UK parliament is sovereign and not bound to any referendum's outcome.

    That is not actually correct...but in a way which supports the decision of the court even more strongly. Parliament can choose whether or not to make the result of a referendum binding. The proportional vote referendum was indeed binding because parliament passed it that way.

    This means that parliament deliberately chose NOT to make the EU referendum binding which implies that they wanted a chance to deliberate on the outcome and not blindly charge into Article 50. Hence the court's decision is absolutely correct: parliament made a deliberate choice to ensure that whatever the result the final decision on how to deal with the referendum rested with them.

  10. Two thirds majority in 1975 by Roger+W+Moore · · Score: 4, Informative

    I don't know what was required for entry but the 1975 referendum on EEC membership (which became the EU) had a 67.23% 'yes' vote which is over a two thirds majority in favour of joining that is typical for major changes.

  11. Re:Doesn't Matter by AmiMoJo · · Score: 4, Informative

    Spain wants Gibraltar back. They voted over 90% to remain. I imagine they are in a mild panic right now.

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