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Brexit

Westminstenders: Supreme Democracy

999 replies

RedToothBrush · 15/09/2019 19:45

Tuesday is the big day about prorogation.

The Supreme Court hears the case of Cherry and Miller against the government.

This could test the constitution and the union. The Supreme Court sits as both as a Scottish Court and and English Court and applies Scottish / English law accordingly. And there are differences. It is possible that prorogation might only be illegal under one or the other but would have effect on parliament. Or its possible that the Supreme Court might decide to uphold the government position.

What is encouraging is the constitutional expert blogs which suggest that they lean to the court intervening. It's important that for the A50 case the Supreme Court referenced the arguments in these blogs.

But let's not get too carried away.

As it is Joe Moor, former director of legislative affairs at 10 Downing Street wrote in today's Telegraph that Johnson could merely prorogue again from Oct 14 "until at least Nov 6" thus preventing parliamentary scrutiny of no deal which would help enable in effect illegally. The Times also reported Cummings as having said this to advisors.

This has been dismissed by legal experts, but the point remains there is a willingness to both frustrate parliament and be as obstructive as possible in the days leading up to 31st.

There is also the 'Nobile Officium' Court action designed to stop illegal no deal by allowing the courts to write a letter to the EU to request an extension of Johnson refuses to.

It remains to be seen if it has even a chance of success.

The British press has been full of comments of optimism for a deal this weekend. This is after there was positive noises in a similar vein from Brussels. These has since been largely dismissed as mere political will with no practical progress. The British optimism has also been dismissed as mere posturing. And Priti Patel "misspoke" when she appeared to suggest that no deal was no policy this morning.

Other rumours include the French willing to grant a 2year extension but not a 3month one out of fear this will happen repeatedly. The French are now pushing for a deal and relaxing their approach as such (but Germany won't compromise the single market and Ireland the GFA so its all talk).

And do not forget, for all the talk of a deal there are certain time restrains.

Apparently Nikki da Costa has a timetable to get a deal through parliament in 'just ten days' on a spreadsheet. So that gives you an idea that the 19th October is possibly the last day to get a deal in front of parliament if you completely accept that we are leaving without any extension. This neglects the issue that a new deal isn't on the table from the EU and the backstop isn't going anywhere.

A last minute deal or no deal situation is highly risky with the ERG on one side and hard core Remainers who think Johnson won't defy the Benn Amendment and thus will try and block a deal to the last

It seems that we will have a game of cat and mouse until the bitter end.

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prettybird · 18/09/2019 12:20

Thanks for that link: I was about to go and look for it again Grin

NotaRealLawyer · 18/09/2019 12:21

Most welcome, enjoying the company Smile

prettybird · 18/09/2019 12:35

I'm not going to get excited by the challenging line of questioning from the Supreme Court judges Wink They are simply being ultra-professional and objective.

Repeats to self: must not read too much into their questions Wink

DadDadDad · 18/09/2019 12:35

I don't know if it's just fortunate timing that JustAnother's quote of Corbyn followed my post, but I think I'd modify Corbyn's point, that actually a new vote by the electorate can supercede a previous vote, but it's true that one can't wish away the feelings of 17 million - a good politician will consider how to offer something to her opponents as well as her natural supporters.

prettybird · 18/09/2019 12:37

I'm supposed to be working on pulling together an order for wine supplies four our wee wine business but I keep on getting distracted Blush

OhYouBadBadKitten · 18/09/2019 12:48

I'm here in my lunch break. But damnit, why do they need to go to lunch at 1.

NotaRealLawyer · 18/09/2019 12:49

Eadie:
it's political and none of your Lordship's biz
it's untenable
it's for Parliament to sort, not the Courts
( repeat)

Basilpots · 18/09/2019 12:57

How does Parliament sort it if it is not sitting though??

Afterwards once the time is lost ??

Apileofballyhoo · 18/09/2019 12:58

Was anyone watching the clip of Boris visiting a hospital just on BBC News?

NotaRealLawyer · 18/09/2019 12:59

Wow yes, angry father on childrens ward having a go.

thecatfromjapan · 18/09/2019 13:02

Just a reminder of the chaos going on in our 'negotiations'.
Do read the extract - it's damning.

Westminstenders: Supreme Democracy
thecatfromjapan · 18/09/2019 13:03

I'm having one of my days when I could cry about the mess politics is in.

OhYouBadBadKitten · 18/09/2019 13:07

Flowers Cat

Hoooo · 18/09/2019 13:08

Told a brexit party candidate in local town to fuck off when he tried to give me a bunch of lies leaflet.

Not my finest hour.

OhYouBadBadKitten · 18/09/2019 13:09

Actually, that's fine Hooo well done.

Hoooo · 18/09/2019 13:12

He got all huffy and actually said "that's not very nice!"

I told him its not as bad as what his party is doing to my children's future.

Then I walked off.

Or there would have been a scene....

NoWordForFluffy · 18/09/2019 13:12

I thought it was pertinent that one of the Justices asked how long the Queen's Speech would be debated. Calculating how much more time will be lost. Also asking why they didn't just recess, as is standard. Good questioning!

thecatfromjapan · 18/09/2019 13:14

Thanks, OYBBK. 🙂

More Labour Party madness, as outlined by Zoe Williams.

I can't tell you how important I think it is for Labour to have a clear doorstep message, & a good commitment to Remain (even if the Leader is 'neutral').

But there is so much lurking behind that headline - & I've just seen LOTO demolish what looks like winnable common-sense too often to feel relaxed.

https://amp.theguardian.com/commentisfree/2019/sep/17/climate-justice-lexiteer-labour-conference-europe-environment?twitterr_impression=true

wheresmymojo · 18/09/2019 13:20

Bigger view of the damning extract - it would be hilarious if it wasn't so shit

Westminstenders: Supreme Democracy
thecatfromjapan · 18/09/2019 13:20

Thanks, mojo. I have no idea how you did that but I'm glad you did.

ListeningQuietly · 18/09/2019 13:23

Corbyn's fence sitting is just insane.
Leaders should LEAD not follow
he needs to step aside before he does more damage to the people who need a proper opposition to the current 'Government'

lonelyplanetmum · 18/09/2019 13:23

Was anyone watching the clip of Boris visiting a hospital just on BBC News?

Well two years ago the BBC would not have reported it. Cummings needs to use his techniques to get the BBC on board.

prettybird · 18/09/2019 13:25

Re the SPS plan not being sufficient, am I being unfair in thinking that BJ-Cummings and his acolytes thought that it would be sufficient because in their tiny minds, Ireland is nothing more than poor Paddy farmers, cows and sheep? Shock

It hasn't occurred to them that its economy has moved on since it was an exploited colony a member of the UK an unwilling one at that ? Hmm

Parker231 · 18/09/2019 13:26

twitter.com/skynews/status/1174296750674382849?s=21

Boris at the hospital

Inniu · 18/09/2019 13:28

But in a good Brexit news front the Irish government has approved laws to allow all NI residents have Irish EHIC.
Bet the DUP will be first in line.

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