After Brexit, Europe at a Crossroad | 33 comments (33 topical, 0 editorial, 0 hidden)

Re: ECJ Ruling :: 3rd Option (4.00 / 2)

HM Gov't could take the decision unilaterally, but this particular HM Gov't doesn't have the kind of rock-solid majority in the Commons that would guarantee easy backing for the decision.

So we fall back on the hallowed convention that the House of Commons is sovereign. Ie, withdrawal of withdrawal would require a Commons vote.

A second referendum could satisfy the "democratic process" requirement, but would also require a Commons vote (as per the first referendum, established by Act of Parliament).

I used to be afew. I'm still not many.

by john_evans (john(dot)evans(dot)et(at)gmail(dot)com) on Mon Dec 10th, 2018 at 10:06:51 AM EST
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Re: ECJ Ruling :: 3rd Option (none / 1)

Legal feeling is that PM has the authority to withdraw but it would be most prudent to pass an act telling him or her to do so.

Referendum is constitutionally irrelevant: purely a political thing.

by Colman (colman at eurotrib.com) on Mon Dec 10th, 2018 at 10:19:53 AM EST
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Re: ECJ Ruling :: 3rd Option (none / 0)

Referendum is not a "democratic process"?

I used to be afew. I'm still not many.

by john_evans (john(dot)evans(dot)et(at)gmail(dot)com) on Mon Dec 10th, 2018 at 02:55:35 PM EST
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Re: ECJ Ruling :: 3rd Option (none / 0)

Not an advisory one.

by Colman (colman at eurotrib.com) on Mon Dec 10th, 2018 at 03:10:53 PM EST
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Re: ECJ Ruling :: 3rd Option (none / 0)