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First legal attempt to prevent Brexit set for preliminary hearing.

http://www.theguardian.com/politics/2016/jul/08/legal-attempt-prevent-brexit-preliminary-hearing-article-50



The first legal attempt to prevent the prime minister initiating Britain’s withdrawal from the European Union is to be heard later this month.A high court judge, Mr Justice Cranston, has set 19 July for a preliminary hearing of the judicial review challenge brought on behalf of the British citizen Deir Dos Santos.The claim argues that only parliament – not the prime minister – can authorise the signing of article 50 of the Lisbon treaty, which begins the UK’s formal withdrawal process.Other legal claims making a similar point are also being prepared by the law firm Mishcon de Reya. Brexit supporters staged a demonstration outside their London office on Thursday with a banner and placards declaring “‘Invoke article 50 now” and “‘Uphold the Brexit vote”.
It isn't an attempt to prevent Brexit, it's an attempt to ensure Brexit is done legally.

If the Prime Minister invoked article 50, then that would be open to legal challenge and create an awful lot of delay and uncertainty in the process, because we do not know if he still has that power under the Royal Prerogative, or if the EC Act means that he no-longer has that power. If they win the case, the power lays with Parliament, if they lose, then it still lays with the Prime Minister.
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Avatar for Napp
Napp
22
Original post by david9640
It isn't an attempt to prevent Brexit, it's an attempt to ensure Brexit is done legally.

If the Prime Minister invoked article 50, then that would be open to legal challenge and create an awful lot of delay and uncertainty in the process, because we do not know if he still has that power under the Royal Prerogative, or if the EC Act means that he no-longer has that power. If they win the case, the power lays with Parliament, if they lose, then it still lays with the Prime Minister.


Wouldn't it be the precise opposite? When the process is triggered [from my understanding] it will not be extended or delayed it will run for 24 mnths and whether an agreement is reached or not Britain will be out..
Original post by Napp
Wouldn't it be the precise opposite? When the process is triggered [from my understanding] it will not be extended or delayed it will run for 24 mnths and whether an agreement is reached or not Britain will be out..


The negotiations are something different and take 24 months as you said.

This is about the power the Prime Minister has. At the moment we're not completely certain whether the power to invoke article 50 lays with the Prime Minister, or with Parliament. So if the Prime Minister simply went ahead and triggered article 50, then he could be acting ultra vires, and only god knows what the legal consequences would be then.

I don't support Brexit, I don't even support my country (Scotland) being part of the UK any more. But, this legal challenge is necessary to prevent hell breaking loose later. We will know whether power lays with the PM or with Parliament.
You would be in a situation where Article 50 had been invoked, on behalf of a nation state, but by someone who didn't have the power to do so.

That would leave Brexit and the negotiations open to being challenged in British and European Courts, because the nation state would arguably have not triggered the negotiations, and the resulting negotiations would be without legal basis, and any brexit would be without legal basis as well.

So this is by far the best way to deal with that. Britain voted to leave, the will of the people should be honoured.
Reply 5
Avatar for Napp
Napp
22
Original post by david9640
The negotiations are something different and take 24 months as you said.

This is about the power the Prime Minister has. At the moment we're not completely certain whether the power to invoke article 50 lays with the Prime Minister, or with Parliament. So if the Prime Minister simply went ahead and triggered article 50, then he could be acting ultra vires, and only god knows what the legal consequences would be then.

I don't support Brexit, I don't even support my country (Scotland) being part of the UK any more. But, this legal challenge is necessary to prevent hell breaking loose later. We will know whether power lays with the PM or with Parliament.


Oh sorry yes i see what you mean now, yes indeed though. I'd personally say the Pm has [at until theres a general election] absolutely no right to make such a decision having never being chosen by the people.
It'll be interesting to see wht happens though

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