UK Declares Independence From The EU!

[OUTLAW 09]

David.......notice the Lords's own use of the word "constitution" throughout the 210 pages".....and their views on just what are referendums and how they impact Parliament's decisions. Interesting that this study was done in 2009/2010.....long before Leave....


"The Select Committee on the Constitution" House of Lords.....

http://www.publications.parliament.u...onst/99/99.pdf

Titled "Referendums in the United Kingdom" 12th Session 2009/2010


Many on the Leave side should have intently read this....well worth the reading of 210 pages of "legalese"...........

One interesting comment the study noted was "while referendums maybe viewed as critical to change a particular situation...they may not in the end decisively resolve the situation for years to come'

Sound like the results of the "leave vote"???

Another interesting question they raised was....."where does the sovereignty actually lie.....within Parliament or with the People"???

Second interesting point was and if one reads between the lines....the hundreds of years of a functioning Parliament has in fact built a substantial body of an unwritten "Constitution" and how does a referendum affect that body of an unwritten "Constitution". They often referred to things that needed to be decided in the absence of a "written Constitution"...

This referendum was run under the concept and you heard it repeated literally for hours and days out of UK..."the People have spoken" but did they? As the current UK "sovereignty" still lies within Parliament.

I can see it slowly coming....what if the SNP MPs pull out the devolution agreements tied to the EU as being the basis of an independence vote....WHAT they if they are joined by a large majority of MPs from both parties as many of them have not been for Leave and they vote to Remain over the heads of those that voted to Leave....using the argument they are defending the UK from great damage...

Actually fully legal.....as the sovereignty of the UK lies within Parliament not the People....

That is why there should have been the 2/3rds clause added to the ballot thus the referendum can be seen as "simply advisor in nature to Parliament.

BTW...refer to Page 77 ..then continues on...quite interesting if one readings it correctly....

WHY is it important "then referendums can be/must be able to be repealed by Parliament....."

Notice the Leave camp never talked about this study did they....with good reason... I would not as well if I were them......

Leading London law firm Mischon de Reya is mounting a legal challenge: no Article 50 without parliamentary vote.

Article 50 process on Brexit faces legal challenge to ensure parliamentary involvement

Legal steps have been taken to ensure the UK Government will not trigger the procedure for withdrawal from the EU without an Act of Parliament. The case is being brought by leading law firm, Mishcon de Reya, on behalf of a group of clients. Following publication of articles on the subject this week Mishcon de Reya has retained Baron David Pannick QC and Tom Hickman to act as counsel in this action, along with Rhodri Thompson QC and Anneli Howard.

The Referendum held on 23 June was an exercise to obtain the views of UK citizens, the majority of whom expressed a desire to leave the EU. But the decision to trigger Article 50 of the Treaty of European Union, the legal process for withdrawal from the EU, rests with the representatives of the people under the UK Constitution.

The Government however, has suggested that it has sufficient legal authority. Mishcon de Reya has been in correspondence with the Government lawyers since 27 June 2016 on behalf of its clients to seek assurances that the Government will uphold the UK constitution and protect the sovereignty of Parliament in invoking Article 50.

If the correct constitutional process of parliamentary scrutiny and approval is not followed then the notice to withdraw from the EU would be unlawful, negatively impacting the withdrawal negotiations and our future political and economic relationships with the EU and its 27 Member States, and open to legal challenge. This legal action seeks to ensure that the Article 50 notification process is lawful.

Kasra Nouroozi, Partner, Mishcon de Reya said:

“We must ensure that the Government follows the correct process to have legal certainty and protect the UK Constitution and the sovereignty of Parliament in these unprecedented circumstances. The result of the Referendum is not in doubt, but we need a process that follows UK law to enact it. The outcome of the Referendum itself is not legally binding and for the current or future Prime Minister to invoke Article 50 without the approval of Parliament is unlawful.”

“We must make sure this is done properly for the benefit of all UK citizens. Article 50 simply cannot be invoked without a full debate and vote in Parliament. Everyone in Britain needs the Government to apply the correct constitutional process and allow Parliament to fulfil its democratic duty which is to take into account the results of the Referendum along with other factors and make the ultimate decision.”

Anyone wishing to support the action to ensure that the UK Constitution is upheld in this process should email Article50@Mishcon.com.

If the "Government" had read their own House of Lords research on the question of referendums...."the Government" would not be stating "we have sufficient legal authority" to move on their own without the sovereign approval of Parliament......

The last time I checked no UK political party nor their PM is higher than the Act of Parliament......

In some countries of this world that move by the "Government" against the acknowledged historical "sovereignty" might in fact be called a "coup" using the term "democracy".