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Brexit

Art 50 case in court

9 replies

Me2017 · 13/10/2016 08:05

As it is now in court we will haev to wait for the result.
My money is on the Government winning. I support Brexit but although it's finely balanced I think the law favours the Government's side - no Parliamentary approval needed to serve the Art 50 notice.

Today , Thursday, 16 QCs and 20 - 30 solicitors in the High Court where it will all be happening. www.ft.com/content/91712c72-908b-11e6-8df8-d3778b55a923

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ScOffasDyke · 13/10/2016 08:17

I think the government will lose. But will then appeal. This could drag on for months, but ultimately the sovereignty of parliament will prevail, the courts will not allow this sneaky power grab by TM

Lottapianos · 13/10/2016 08:25

I hope the government will lose. Will be watching with interest

Me2017 · 13/10/2016 09:53

It is such an imortant issue that I expect to get before the Court of Appeal fairly quickly and then the Supreme Court hopefully both before March. I am sure it would be escalated before other cases.

I don't regard it as a sneaky power grab to go with a referendum result (even though I voted Remain). Arguably it is quite the opposite - it is the people of the UK (albeit by a small majority only) saying "f. off rich Metropolitan elite MPs" - the people have spoken.

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Peregrina · 13/10/2016 10:19

Jack of Kent's blog provides a good summary of what it's about:
The case is not about whether Article 50 is triggered or not. The case is instead about who makes the decision. Is the decision to be made by the government or by Parliament?

tiggytape · 13/10/2016 10:42

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Peregrina · 13/10/2016 11:01

Tiggytape - I think we are largely in agreement. The judges won't see it as an attempt to block A50, whatever Joe Public thinks - but just as Jack of Kent says, an important discussion of constitutional law. Since that isn't clear, it will be good to have clarification.

I personally think that the vast majority of the HoC showed a dereliction of duty, and didn't insist on a defined majority being required e.g. like two thirds of the vote, or 51% of the total electorate. That might be what they are trying to compensate for now. I think there should be a proper debate, then there is no doubt about its legitimacy, which I think there always will be if Royal Perogative is used.

tiggytape · 13/10/2016 11:18

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Me2017 · 13/10/2016 11:22

By the way I understand the Supreme Court is already booked to hear any appeal from the CA before the end of the year so this will certainly be rushed through given the importance.

No one seems to have been given permission to tweet from the high court hearing as far as I can see.

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Me2017 · 14/10/2016 20:48

You can read the transcript of what was said in court yesterday at www.judiciary.gov.uk/publications/santos-and-m-v-secretary-of-state-for-exiting-the-european-union-transcripts/

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