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Brexit

To believe that the Brexit will fail on legal grounds?

101 replies

MojitoMadame · 27/06/2016 10:14

It seems that under the European Union Act 2011, a Brexit will require not only a referendum but also an act of parliament to implement the decision and, given that apparently 75% of MPs were in the remain camp and will be free to vote as a matter of conscience, I cannot see the relevant legislation being passed.

So, in the words of Mark Twain, 'Reports of my death are greatly exaggerated'!

OP posts:
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Tollygunge · 27/06/2016 10:16

I hope you're right, I really do, but will MP's of places where their constituents voted overwhelmingly to leave ignore the will of the people???

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bearleftmonkeyright · 27/06/2016 10:17

I think most MPs will vote in line with the wishes of their constituents. They would be foolish not too or they would not hold their seats. I say this as a staunch remained, gutted at this outcome.

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MaryPoppinsPenguins · 27/06/2016 10:18

I really really hope I will, but I can't see it happening. There would be uproar.

It's such a tiny margin though, it doesn't feel like it should be allowed to happen when basically half of us don't want to leave.

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angelos02 · 27/06/2016 10:19

Well what a waste of fucking time and money the whole referendum was then? The country has voted. We are a democracy.

What next? Just keep having referendums until the establishment get what they want? Disgusting.

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Somerville · 27/06/2016 10:22

I don't think it will 'fail' but they're bottling it with triggering Article 50, so the signs are good that we'll negotiate an -in-the-EU-in-all-but-name deal something like Norways. Which will incense many of those who voted leave but will hopefully stop the peace process ending in NI and stop Scotland leaving.

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bearleftmonkeyright · 27/06/2016 10:24

That has got to be a priority hasn't it? Keeping a United Kingdom. Brexit will have failed otherwise.

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glenthebattleostrich · 27/06/2016 10:24

So you think that because you don't like the results the people we elected to represent our views in parliament should ignore the results.

In my area it was 66% leave. You don't think it would be career suicidet o ignore this ?

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HisNameWasPrinceAndHeWasFunky · 27/06/2016 10:26

Absolutely hope you are right OP

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Floisme · 27/06/2016 10:26

I think the referendum is a fuckup that will hurt us for generations to come. I also think ignoring it would play straight into the hands of the far right and god alone knows where that might end up.

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hilbil21 · 27/06/2016 10:27

I'm guessing ever MSP will want to remain mind you.....

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PansyGiraffe · 27/06/2016 10:27

Looking at the European Union Act 2011 quickly I don't think it does - it specifies certain big decisions (like adopting the Euro as our currency) which require an Act and a referendum but I cannot see the decision to leave listed? Where is it?

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MsVestibule · 27/06/2016 10:28

Sadly, I don't think this will happen. What would be the point of a referendum if MPs then just voted how they wanted?

Referendums should need a clear majority, e.g. 60%, and a voter turnout of 75%+ before the change can be made. Less than 50% of the voting population want this massive change, but we're all stuck with it.

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marcopront · 27/06/2016 10:29

The votes aren't being reported by parliamentary constituency though. How will each of the individual Birmingham MPs for example know how their constituents voted.

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minipie · 27/06/2016 10:29

I agree with you Somerville. Boris has pretty much said that's what he'll be aiming for link. Note the references to free trade continuing and UK people still being able to travel and live freely in the EU (the obvious corollary is that EU citizens will be able to travel and live freely here).

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minipie · 27/06/2016 10:30

Of course that all depends on the EU being willing to agree to an "EU in all but name" deal... which they may not, for fear of setting a precedent.

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MotherOfDragons27 · 27/06/2016 10:30

This should never have been put in the hands of the public in the first place.

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Somerville · 27/06/2016 10:33

It does depend on the EU, I agree minipie. I'm a bit nervous. But if we agree to continue freedom of movement then I suspect that we'll be allowed.

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MojitoMadame · 27/06/2016 10:34

I didn't express a view but my view is that if half of the UK ie Scotland and NI want to remain in (plus Gibraltar), then I don't see the result as a clear mandate (or a mandate at all) to leave.

If I were an MP, which I am happy to say I am not, I would not put my career first over an issue as important as this, but would vote with my conscience.

And to Pansy, don't you think this counts as 'a big decision'?

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TanTanNubuck · 27/06/2016 10:36

I was talking to friends yesterday and was telling them I have a strong feeling that this won't go through, for one reason or another.

Can someone help me out with the constituency talk please as I'm quite puzzled by it and think the referendum was administered in different ways around the country.

My MP would have quite a challenge trying to decide how her own constituents voted, as in the referendum our area was not delineated into our parliamentary constituencies anyway.
There were four different constituencies combined, two of the four MPs are Labour, my own MP is Tory. The fourth constituency was divided between my area and a neighbouring area.

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minipie · 27/06/2016 10:36

Hope so Somerville!

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caitlinohara · 27/06/2016 10:38

So what, you think we'll just turn up in Brussels, wave our arms and say "ha ha! Just kidding!"?

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Showmethewaytogohome · 27/06/2016 10:38

If that is correct then there is a possibility that it would not pass - 52% vs 48% of those who voted on the day. If you look at the splits amongst parties Torys have 42% for remain

If I was a Tory on the verge on a GE with a hated leadership I would listen to my constituents on this. And the Labour party just need to (wo)man up

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Floisme · 27/06/2016 10:39

I agree that an 'EU in all but name' deal is the very best we can hope for but I don't share your optimism that we'll get it. And even if we do, it will bring its own problems because that isn't what a lot of people voted for and the far right will have a field day mopping up.

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Showmethewaytogohome · 27/06/2016 10:40

cait would you rather we destroy ourselves? Strange. If you have a plan on getting out of this mess I'm all ears

'Once more unto the Breach dear boys' isn't a plan btw

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whydidhesaythat · 27/06/2016 10:43

wow, that piece by Johnson is quite something. Thanks for the link.

(can we stop calling him by his first name if we don't like him?)

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