BREAKING: Government loses Article 50 court fight
Source: BBC
Parliament must vote on whether the UK can start the process of leaving the European Union, the High Court has ruled.
This means the government cannot trigger Article 50 of the Lisbon Treaty - beginning formal discussions with the EU - on their own.
Theresa May says the referendum - and existing ministerial powers - mean MPs do not need to vote, but campaigners called this unconstitutional.
The government is expected to appeal.
Read more: http://www.bbc.co.uk/news/uk-politics-37857785
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This news just broke about 20 minutes ago. This is really good news!
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Just in case someone wants to alert for a different headline on this thread. The headline posted was the original headline when this news broke this morning. It has since been changed to:
Brexit court defeat for UK government
OnDoutside
(19,956 posts)Us here in Ireland as well.
There was a conference in Dublin yesterday with all interested parties north and south, except hardliner Unionists, to figure out the implications of a brexit.
It would be a smugglers charter.
Grey Lemercier
(1,429 posts)This is the BEST news I have had since that fucking vote!! HUGE impact on my life, as a British London business owner that employs multiple people from the EU. We have been in flux and uncertainly ever since the Little Englanders fucking tilted the vote to Leave.
OnDoutside
(19,956 posts)Provided the appeal is rejected. Plus that gobshite Corbin has a chance to redeem himself, which he'll probably screw up again.
It will provide a timely lesson to voters in the middle, that these votes DO matter and their vote DOES count.
Ilsa
(61,695 posts)Finally, it feels like things are turning towards the better.
Mc Mike
(9,114 posts)pampango
(24,692 posts)near at hand
I now fear that every attempt will be made to block or delay the triggering of article 50. If this is so, they have no idea of the level of public anger they will provoke.
But the Labour leader, Jeremy Corbyn, said: This ruling underlines the need for the government to bring its negotiating terms to parliament without delay. Labour respects the decision of the British people to leave the European Union. But there must be transparency and accountability to parliament on the terms of Brexit.
The legal dispute focused on article 50 of the treaty on European Union, which states that any member state may leave in accordance with its own constitutional requirements an undefined term that has allowed both sides to pursue rival interpretations.
Deir Dos Santos, a hairdresser and the other lead claimant, said: Todays judgment is a victory for everyone who believes in the supremacy of our parliament and the rule of law. I have never challenged the result of the referendum in fact I voted for Brexit for the sole reason that I wanted power to be returned from Europe to the British parliament. But I did not think it was right for the government then just to bypass parliament and try to take away my legal rights without consulting parliament first.
https://www.theguardian.com/politics/2016/nov/03/parliament-must-trigger-brexit-high-court-rules
At one point May seemed to be arguing that she had the power not only to trigger article 50 but to negotiate the complex details of the UK's withdrawal from the EU and have it be ratified once she signed it.
Helen Borg
(3,963 posts)It's obvious that referendums are not binding. It's not a direct democracy, you schmuck!
Fast Walker 52
(7,723 posts)BooScout
(10,406 posts)My husband, who is British says they won't go against the 'will of the people' and vote it down....but I personally think that the will of the people was never to leave the EU in the first place, but just to express their anger at the government for being wusses and not standing up to the EU when the EU would run roughshod over the UK with some rather stupid EU regulations at various times.
I just hope they get it right this time. Leaving the EU is an incredibly stupid idea.
Fast Walker 52
(7,723 posts)barbtries
(28,795 posts)so this means that Brexit cannot go forward without some more official action? and does this imply that Brexit could fail to go through because of it?
msanthrope
(37,549 posts)This could be the best ass and face saving news the entire realm has ever received.
muriel_volestrangler
(101,318 posts)There are no official talks before it's invoked; after it is, there's up to 2 years of negotiation - and that can only be extended if every single EU country agrees to it (which is though unlikely). After those 2 years, the country is out - and if they haven't completed negotiations, they'll just get standard relations with the EU (goods tariffs, restrictions on working, and so on). Over many years, countries like Switzerland and Norway have negotiated closer relationships, but some extreme Brexiteers don't even want those.
So the UK has to be ready to negotiate with just 2 years to do it in. The question then was how much the UK can decide on its basic position before those 2 years starts. The government wanted to do all that on its own, probably giving out no idea about what its aims will be (how much tariff-free trade it wants, how much freedom of labour movement it's willing to offer for that, that kind of thing). If parliament has to agree to the invoking of Article 50, then the debate for that will be in the open, and between MPs of all parties (the Lords may even get involved).
If parliament ends up deadlocked on defining the British aims, it could delay the whole process.
And the Brittish Pound is up this am as a result.
I know not the intricacies of UK legal proceedings but I can't see the EU or the individual countries being all that generous with terms if all those trade agreements have to be re-negotiated. Would not many of them take this as a chance to screw the UK for their voting to leave?
MADem
(135,425 posts)cstanleytech
(26,291 posts)that would give Scotland the legal right to immediately leave the UK if the British government should ever leave the EU.
Cha
(297,240 posts)when it happened!
Fingers Crossed!