The pseudonym "Philo Vaihinger" has been abandoned. All posts have been and are written by me, Joseph Auclair.

Thursday, November 3, 2016

No Brexit without Parliament, says High Court

Theresa May's pro-Brexit, Tory government will appeal to the UK Supreme Court.

Prime Minister Theresa May has said she will launch exit negotiations with the EU by March 31. 

She is relying on a power called the royal prerogative that lets the government withdraw from international treaties.

Claimants argue that leaving the EU will remove rights, including free movement within the bloc, and say that can't be done without Parliament's approval.

Three senior judges ruled that "the government does not have the power under the Crown's prerogative" to start EU exit talks.

The British government said: "We will appeal this judgment."

. . . .

Financial entrepreneur Gina Miller, a lead claimant in the case, said the result "is about all of us ... It's about our United Kingdom and all our futures."

She backed the losing "remain" side in the EU referendum, but has said the lawsuit is not an attempt to stop Brexit — just to ensure that Parliament is sovereign.

She said shortly before the government announced it would appeal the ruling that she hoped it "will make the wise decision of not appealing but pressing forward and having a proper debate in our sovereign Parliament."

What will Parliament do?

At a guess, it will not flat out overrule the referendum but will instead, as Tony Blair and others have urged, schedule a second and maybe a second and third referendum, over some sensible lapse of time, the rule being Brexit happens only if a majority favors it in all three.

Or perhaps it will schedule a referendum in which a super-majority will be required for Brexit to win.

Or perhaps both.

Certainly, Cameron should have made a Brexit victory contingent on something far more demanding than a simple majority in a single national vote.

That, of course, is not how the Buchananites will see it.

"The system is rigged!" they will shout. "The elites are betraying democracy and crushing the people!"

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