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Moron Watch Moron Watch is offline
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Default So brexit must go to a vote in the commons, I wonder what the scotts will vote?


"NY" wrote in message
...

What would happen if the public at large have voted (by a narrow margin) to Leave but a
majority of MPs vote Remain?


According to the unwritten constitution, the will of Parliament, expressed as the Queen
in
Parliament has the final word in all such matters. The public at large have no say.

Again anyone making an election pledge, as David Cameron is claimed to have
done promising anything different is simply exceeding his powers. Not that
Cameron ever anticipated he'd find himself in such a position in the first
place.

A lot of nonsense had been spouted about the PM using the Royal Prerogative
to by-pass Parliament and directly implementing "the will of the people".
However as the judgement points out, the Royal Prerogative is only used
when its not practicable to recall parliament - to declare war at short notice
etc not as a means of bypassing Parliament when there's every opportunity
for Parliament to discuss the matter in hand. It's there in paragraph 24 in the
judgement which as its a PDF is impossible to copy and paste
directly

The Crown Prerogative is "only available for a case not covered by statute"

The Pdf of the judgement

https://www.judiciary.gov.uk/wp-cont...u-20161103.pdf

And it seems unlikely that any appeal by the Govt can over turn this "unfortunate"
reality.

Just as I pointed out ad nauseam previously that article 50 requires any country
wishing to invoke article 50, to take any such decision inn accordance with its
own Constitution. Which in the UK is not simply the as the result of an
"advisory referendum". So any article 50 declaration made on that basis
can be challenged in the European Court as well.

Not that this will end the uncertainty which will be among the most damaging
aspects of this scenario. Something that could last for years.



michael adams

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