Were the High Court judges right to demand that Parliament votes on Brexit?

Or do you think that it impedes on the peoples' decision to leave?

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Parliament voted 6/1 to allow the referendum to take place. This should be taken as them accepting the results of the referendum, plus Parliament are there to carry out the will of the people, and the will of the people was clear.

Reply 2

FallenPetal

The Brexit vote was explicitly laid out as an advisory referendum, where the final say was always going to go to Parliament. While I think it's an absolute disgrace that this fact was buried under propaganda about migration and £350 million to the NHS, thus leading people to believe that the Brexit vote means Brexit, it was never the peoples' decision to leave - that right has always belonged to the representatives of the people, the House of Parliament. All the High Court did was legally enforce that right; it didn't grant it out of thin air.

And frankly, I find setting the legal precedent that the Prime Minister can override Parliament on such big decisions a far larger miscarriage of democracy, even if Parliament ultimately vetoes Brexit (as it has always had the right to do so).

(edited 7 years ago)

Reply 3

Asolare

Do I trust the judgement of people who have extensive legal training and years of experience dealing with such issues like this? Yes, yes I do.

Likewise I will trust the judgement of the Supreme Court as well.

Reply 4

Trapz99

I think it was wrong. The people voted to leave, so the govnerment needs to leave. However, this decion by the high court isn't going to make any difference because it's political suicide for Parliament to vote to not trigger Article 50. There is no chance of us staying in the EU.

Reply 5

JulieEdiz

I don't blame parliament or the government. The law is the law after all.

But it is still really ridiculous. The whole referendum was for nothing in a way. There are many mps who are still against brexit but they are being advised to vote pro brexit because their seats are voted by the people and you can't ignore a nation's overall vote.

(edited 7 years ago)

Reply 6

Joep95

Both

Legally it is the correct judgment but it does give MPs the ability to block what the public wants

Reply 7

desaf1

No, they are people who hate the Uk an our decision to say no to the EU, the big bureaucrats in Brussels, the big banks, the hedge funds, and the establishment. I think that this decision by the High Court and I'm glad that the government has decided to appeal. It needs to be overturned as soon as possible. We have made our decision and it is to leave the EU. I hope the Prime Minster gives us a proper hard Brexit.

Reply 8

Michael_Fishy

Constitutionally yes, the royal prerogative does not have the power to overturn an act of parliament or change rights, which is what triggering article 50 would in effect do.

Reply 9

shanktheopps

No, they are enemies of the British people. We made a decision to leave the EU, now the government must deliver Brexit. We don't need to hear whether a bunch of establishment left wing politicians agree with it, we made our decion as a nation to leave, now let us leave and be a free, sovereign nation again.

Reply 10

mojojojo101

Anyone who says no is a total ****ing moron.

Unless of course by Brexit you meant throwing away the UKs entire legal and constitutional systems and apparatus.

The government should not be able to change law as and when it pleases without the consent of parliament. In our basket case politics that really is one of the more sensible rules.

Reply 11

user 42005

I don't know why people are kicking up such a fuss about this. All the decision is doing is establishing the proper constitutional process involved in leaving the EU, it's not circumventing the will of the people as many seem to be suggesting. The only difference is that parliament will now have a greater say on the terms of leaving, rather than just the government. Brexit is still going to happen.

Reply 12

username1360986

No they were wrong.

The government website said that they would implement the decision of the British people before the referendum and they need to do that.

Besides that having Brexit negotiations discussed and debated in parliament could potentially weaken our position in the negotiations.

A lot of the mps, particularly labour who are going to make this difficult are from constituencies that voted to leave and any watering down of Brexit could backfire on them.

To be honest the sooner they get on with it the better!

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Reply 13

Ladbants

The judges are Bremoaner ***** who hate our nation. On the 23rd of June 2016, the British people came out in the millions to say no to the globalists, no to the establishment and no the bureaucrats in Brussels and yes to freedom, proper borders and independence for the greatest nation on Earth. Britain is rising up once again and these idiots think they can stop it.

(edited 7 years ago)

Reply 14

ddrrzzeerr

I was disappointed with the verdict because it could have the effect of impeding the decision of the people to leave.

However, it isn't the job of judges to rule in favour of what is politically easier for the government. They can only rule on the law and with my extremely limited knowledge of constitutional law, I'm certainly not qualified to criticise their decision.

If after appeal they say parliament must have a vote, I will accept that. You can't blame the judges. It is the job of politicians to sort out this political mess not the judges. It may make it more difficult for the government but both they and parliament are responsible for implementing the will of the people.

Reply 15

Blimey1000

Original post by biglad2k16

Or do you think that it impedes on the peoples' decision to leave?

Simply, yes, the judges are right and correct.

The people only elects the MPs to Parliament, so MPs can make the law, the people don't make the law.

Just like the Police are hire to enforce the Law. MPs or the general public do not have a right to enforce the Law.

We have separation of power so responsibility and accountability are aligned.

Reply 16

user 42005

Original post by Ladbants

The judges are Bremoaner ***** who hate our nation. On the 23rd of June 2016, the British people came out in the millions to say no to the globalists, no to the establishment and no the bureaucrats in Brussels and yes to freedom, proper borders and a sovereign nation. Britain is rising up once again and these idiots think they can stop it.

They're not stopping it, they're just establishing the proper legal process for Brexit to take place since constitutional change on this scale is unprecedented. Why do you think it will stop Brexit? All it means is that parliament will have a greater role to play in the terms of negotiation, rather than leaving it all to the government. Parliament would have needed to ratify the final deal anyway, so they were going to be invested in this process one way or another. This is the law in action. It's not a political decision, they're simply interpreting what British law says to do in this given circumstance.

Reply 17

Blimey1000

Original post by MildredMalone

The referendum was "advisory" i.e. Parliament still have the final say.

(edited 7 years ago)

Reply 18

Maker

Brexiters are such poor losers.

Reply 19

999tigger

Original post by JRKinder

This exactly.

The people who are complaining are fools and do not understand what the legal position is or the rule of law. We rely on an independent judiciary as a counterbalance to make sure the government does everything legally. Why would anyone not want that?

The case is being appealed to the Supreme court and even more senior lawyers can scrutinise the ruling and decide whether it was correct or not. If it was not, then they will overturn the decision and if it was then they will uphold it and confirm it was correct.

It seems many people fail to understand what the decision actually means or how the legal process works. As pointed out by Kinder we will be leaving anyway, it is just when and how. The government needs to abide by the law just like everyone else. That is how our democracy works.