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whisky-dave[_2_] whisky-dave[_2_] is offline
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Default Prorouging and the Supreme Court

On Tuesday, 24 September 2019 16:18:37 UTC+1, charles wrote:
In article ,
T i m wrote:
On Sun, 22 Sep 2019 15:12:09 +0100, wrote:


snip


One point he made - and the interested should really go listen for
themselves - was that the nature of the political process meant
that the decision (here) was at least felt to be made with sufficient
popular support, thus giving it natural democratic legitimacy;


snip


This is the crux of it for me for the whole Brexit process and could
so easily been resolved by:


1) Leaving the referendum to be the advisory poll it should only have
ever been and / or


if you read the Supreme Court's judgement you will see that,
constitutionally, it was only advisory, but the Government decided to
honour the result


Remmebr T i m has trouble reading, so is unlikely to understand.

I will admit that I didn;t understand when David Cameron said what he said at the time and whether he could change what wasn;t legally binding to what is without a parliamentary vote or at least votes from his party.
All I could find was this. Note that it says following.

Did Cameron say the referendum was binding?
Following the 2016 referendum, the High Court confirmed that the result was not legally binding, owing to the constitutional principles of parliamentary sovereignty and representative democracy, and the legislation authorising the referendum did not contain clear words to the contrary.

But I still don;t see that as T i m being able to claim that remain was the result because there wasn;t a supermajority , and that all those that didn;t vote wanted to remain even though they didn't chose to vote remain.

The 'will of the people' is just a buzz word he likes to throw around, similar to the way farage would if he had lost.



2) Requiring any decision to require a supermajority providing a
'clear will of the people' as you reflect above (50%+1 is not
'sufficient popular support' and hence doesn't (hasn't) gained
'natural democratic legitimacy, IMHO).


Ironically the latter was the very requirement Firage insisted would
be needed for him to consider a Remain win.


Cheers, T i m


--
from KT24 in Surrey, England
"I'd rather die of exhaustion than die of boredom" Thomas Carlyle