The UK referendum was a constitutional matter - for that reason

Aug 2012
3,252
790
the Sussex Downs
#1
since the electorate must be consulted where changes on constitutional matters are contemplated there is an argument, made by constitutional lawyers, that the referendum is binding.
 
Likes: 1 person
Jun 2014
49,403
50,276
United States
#2
Parliament is sovereign and the EU vote was an “advisory referendum”, as opposed to a “binary” referendum which has a fixed outcome. Britain next has to tell the EU that it wants to go by invoking Article 50 of the EU rulebook for the first time in history.

Article 50, which is set out in the Lisbon Treaty, is the legal mechanism for the withdrawal of a member state from the EU.

The use of Article 50 will start the timer on a two-year process of exit talks over Britain’s political divorce from the 28-member bloc.

At the end of the two-year period, Britain will be expelled from the EU unless member states unanimously decide to extend the deadline.

David Cameron has resigned as Prime Minister and said that his successor should decide when to trigger Article 50.


Additional information regarding the Brexit referendum: The UK's EU referendum: All you need to know - BBC News

Enjoy!
 
Likes: 2 people
Aug 2012
3,252
790
the Sussex Downs
#3
Parliament is sovereign and the EU vote was an “advisory referendum”, as opposed to a “binary” referendum which has a fixed outcome. Britain next has to tell the EU that it wants to go by invoking Article 50 of the EU rulebook for the first time in history.

Article 50, which is set out in the Lisbon Treaty, is the legal mechanism for the withdrawal of a member state from the EU.

The use of Article 50 will start the timer on a two-year process of exit talks over Britain’s political divorce from the 28-member bloc.

At the end of the two-year period, Britain will be expelled from the EU unless member states unanimously decide to extend the deadline.

David Cameron has resigned as Prime Minister and said that his successor should decide when to trigger Article 50.


Additional information regarding the Brexit referendum: The UK's EU referendum: All you need to know - BBC News

Enjoy!
Oh for heavens sake Knight - Are you throwing the BBC at me?

Unless and until it repeals the ECA 1975 or comes to an agreement with the EU, Parliament is not sovereign, the EU is.

We are going down the EU route - article 50 will be triggered before Christmas.

They never expected article 50 to be used and it is vague to say the least - very vague. lawyers will be earning their pennies.

I'll find all of the constitutional arguments and try to condense them down next week - got a Royal visit for a week.
 
Feb 2015
16,748
8,447
sadness
#4
Parliament is sovereign and the EU vote was an “advisory referendum”, as opposed to a “binary” referendum which has a fixed outcome. Britain next has to tell the EU that it wants to go by invoking Article 50 of the EU rulebook for the first time in history.

Article 50, which is set out in the Lisbon Treaty, is the legal mechanism for the withdrawal of a member state from the EU.

The use of Article 50 will start the timer on a two-year process of exit talks over Britain’s political divorce from the 28-member bloc.

At the end of the two-year period, Britain will be expelled from the EU unless member states unanimously decide to extend the deadline.

David Cameron has resigned as Prime Minister and said that his successor should decide when to trigger Article 50.


Additional information regarding the Brexit referendum: The UK's EU referendum: All you need to know - BBC News

Enjoy!

oohh...i like her!

brexit mean brexit!
 
Likes: 1 person
Nov 2013
25,493
21,756
None of your business
#5
Parliament is sovereign and the EU vote was an “advisory referendum”, as opposed to a “binary” referendum which has a fixed outcome. Britain next has to tell the EU that it wants to go by invoking Article 50 of the EU rulebook for the first time in history.

Article 50, which is set out in the Lisbon Treaty, is the legal mechanism for the withdrawal of a member state from the EU.

The use of Article 50 will start the timer on a two-year process of exit talks over Britain’s political divorce from the 28-member bloc.

At the end of the two-year period, Britain will be expelled from the EU unless member states unanimously decide to extend the deadline.

David Cameron has resigned as Prime Minister and said that his successor should decide when to trigger Article 50.


Additional information regarding the Brexit referendum: The UK's EU referendum: All you need to know - BBC News

Enjoy!
Here's article 50 right here:

It's basically a cancellation for convenience, and the article leaves the final negotiation(s) between the exiting country and the Union, I would argue it would be geared towards economics and security at least I would think that would be paramount to agreement. Also says that re-entry is subject to review prior to approval, by all EU members.

Article 50
 
Likes: 1 person
Aug 2012
3,252
790
the Sussex Downs
#6
oohh...i like her!

brexit mean brexit!
She has to, she isn't sooooo super though! The Police hate her and so do most of us but ---- this is circus now.

But she has too --- this is all constitutional shit, I'll find all of my stuff on it and get back after the family visit.

Cameron and Corbyn were anti EU before they became party leaders ---- they are as relieved as the majority of the English and Welsh are to get OUT --
 
Likes: 1 person
Aug 2012
3,252
790
the Sussex Downs
#7
Here's article 50 right here:

It's basically a cancellation for convenience, and the article leaves the final negotiation(s) between the exiting country and the Union, I would argue it would be geared towards economics and security at least I would think that would be paramount to agreement. Also says that re-entry is subject to review prior to approval, by all EU members.

Article 50
In relation to the British constitution and UK vs EU sovereignty? That what this thread is about.
 
Likes: 1 person
Feb 2010
29,902
32,418
Sunny Bournemouth, Dorset
#8
What passes for your argument falls at the first rather obvious hurdle. If Parliament was not sovereign, hen we wouldn't be leaving. Parliamnent is certainly sovereign over any advisory referendum, which is no more than a testing of the public's current mood, and not binding, though the government is choosing to treat it as such.
 
Likes: 2 people

ARMCX1

Former Staff
Jun 2013
15,162
9,940
SoCal
#9
What passes for your argument falls at the first rather obvious hurdle. If Parliament was not sovereign, hen we wouldn't be leaving. Parliamnent is certainly sovereign over any advisory referendum, which is no more than a testing of the public's current mood, and not binding, though the government is choosing to treat it as such.
Can the prime minister invoke article 50 or does it require parliamentary action?
 

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