Here’s a small but important legal point that needs to be made today:
In the light of some dangerous comments made over the weekend and this morning, by the usual culprits in politics and the media, an important legal point must be made now. This concerns the possibility of the UK revoking its Article 50 Notification.
Such a thing is of course impossible under the terms of Article 50, which does not provide for any such revocation, and indeed requires the unanimous consent of all the EU nations even to extend the Article 50 period.
However, on 4 December 2018 the ECJ ruled, entirely unlawfully, that such a revocation was indeed possible, and that the decision so to do “is for the member state alone to take, in accordance with its constitutional requirements”.
This ruling openly contradicts all the fundamental tenets of the EU Treaties, but as there is no appeal from ECJ judgments, it is free to act as illegally as it likes, and its rulings are unchallengeable rules of EU law. As such of course, these rulings trump any internal law of the UK.
A specific comment I heard on UK BBC Radio 4 is what prompted me to pen this note, and this related to the possibility of the PM revoking the Notification. I was horrified that anyone could imagine that this could be done! The key words in the ECJ judgement are “in accordance with its constitutional requirements”. Gina Miller was kind enough to clarify these requirements for us in the case she brought against the UK Government in January 2017. The court ruled that in order to give the Notification, an Act of Parliament was needed. Accordingly, that Notification cannot be revoked unless that revocation has been authorised by an Act of Parliament.
This is not merely a dry legal point of academic significance only, because the subject matter is hugely important, as the step would openly defy the majority vote of 17.4 million voters. There would be an immediate and urgent legal case brought by a small army of claimants on a representative basis if an unlawful attempt was made to revoke the Notification.
This important point must be publicised far and wide today!
Respectfully, Septimus Octavius
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Here is my take on Mrs May’s “chat from the sofa” video-clip (see e.g. here):
There is a logical disconnect in what she says.
She is not stupid, and she has clever advisers, so this has to be a deliberate attempt to pull the wool over her listeners’ eyes. She says that Parliament has rejected her deal (the only one accepted by the EU) three times, and is unlikely to accept it now. She then says “Parliament is legislating to block no deal”, leaving only two alternatives – either we leave with a deal, or we do not leave at all, ie we stay in the EU.
But the reality is that Parliament cannot “legislate to block no deal”. It is like King Canute sitting on the shore, trying to command the tide not to come in.
We can only stay in the EU now if Parliament legislates to over-ride and revoke the referendum result, but it dare not do that, it dare not openly defy the expressed will of the people. So, under Article 50 of the Treaty, which trumps UK law while we are still inside the EU, the position is that unless there IS a deal, then we are OUT with No Deal, on Friday night.
Of course she is trying to get Labour to support her rotten deal. It will leave the UK as a voteless vassal state, a colony of Brussels. Well, the last colony governed from Brussels was the Belgian Congo. Not a happy prospect. Let us just hope that she fails.
Respectfully, Torquil Dick-Erikson
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Some suggest that Tory members should not give up. But that Party has been home to spin and deception from Heath through to May. Cameron made no secret of his ambition to be heir to Blair, the ace of spin.
Sadly their party has been increasingly driven by big party donors, who have little interest in what the people want, or in the emasculation of Parliament. Many of them never wanted to leave the E.U.
They and a majority of (remainer) MPs have driven themselves to destruction. 200 of them gave her a vote of confidence and for them the Party will soon be over. With their Marxist ally, they will likely be consigned to the wilderness for a generation – because they have become the bete noir of 17.4m sovereign people. They connived with the E.U. to bring an end to our nation state and they must pay the price.
Could this imply that Corbyn and May are soft in the head? Surely not!
Respectfully, Roger Arthur