UK government faces pre-emptive legal action over Brexit decision.

This about something I have mentioned in other threads, the gist of it is, This law firm says article 50 cannot be triggered without full debate and vote by parliament.
What should happen is that article 50 can only be evoked through a sovereign act of parliament, that is a house of commons session with debate and a vote, (IMHO the referendum, which was advisory) itself should need the same treatment, but that shouldn't matter if the article 50 procedure is voted on in the house of commons.
Clients of this law firm then, are anxious that article 50 should not be triggered without the above procedure being followed, and it seems No10 say there say there should be government involvement, in other words no Prime Minister can just evoke article 50 without the full government approval. It seems that the article 50 wording is too ambiguous in setting out how states should leave the EU, I see that as an, 'also' given that anything constitutional needs to be ratified in parliament anyway, and since 1689, but that's by the way here.
So I am asking what does ATS think given the obvious conflicts that the house of commons Mp's would have to face?



A prominent law firm is taking pre-emptive legal action against the government, following the EU referendum result, to try to ensure article 50 is not triggered without an act of parliament.
Acting on behalf of an anonymous group of clients, solicitors at Mishcon de Reya have been in contact with government lawyers to seek assurances over the process, and plan to pursue it through the courts if they are not satisfied. The law firm has retained the services of senior constitutional barristers, including Lord Pannick QC and Rhodri Thompson QC.

Their initiative relies upon the ambiguous wording of article 50 of the Treaty on European Union, which sets out how states could leave the EU.


www.theguardian.com...

a reply to: smurfy

It would be political suicide for the MP's and whatever party they were in if they reversed the outcome.
The government has to go with the democratic vote or we will burn it down.
Accept the decision and move forward,

Be a real pity if these lawyers turned up for work to find their office had burnt down...

a reply to: smurfy

It's just a formality.

The U.K. has voted to leave The E.U. Nothing will stop that process.

These lawyers you mention represent both business and academics, with an agenda The common man has spoken and overuled them.

originally posted by: TheKnightofDoom
a reply to: smurfy

It would be political suicide for the MP's and whatever party they were in if they reversed the outcome.
The government has to go with the democratic vote or we will burn it down.
Accept the decision and move forward,

This is nothing to do with me, the few bob in my pocket will stay firmly in my pocket...get it? and I would appreciate comments on the subject, not me. People need to be informed on what can or cannot happen. As for the government, the silence is deafening.
To add,

Your words, "The government has to go with the democratic vote or we will burn it down." You can do all the burning you want, (not really democratic though) but since the only sovereign government lies in the house of commons,... elected by the people, those MPs need to answer to those that elected them, on those MPs ticket.. so you say they should lie...can you see how incongruous that is?

Anybody who voted for Nigel Farage probably has a clear idea of what he represented, not that he is sitting beside the right hand of God particularly, however he has gone, so has Boris and so has Cameron, and I don't see Corbyn making the lie, but then he might not be there in the big vote...so there are the leaders, they have all fecked off...sort of, although they could still vote I suppose.

The problem is that EU law is so complex that untangling ourselves from it is going to be a legal nightmare.

Its probalby worth mentioning that it is even being argued by some that article 50 does not need to be used to split form the EU

Then again could be true that the PM needs parliaments approval but the future PM might just go ahead and do it anyway which could then be challenged in the courts and if the trigger of article 50 is not challenged there will be plenty of other legal challenges that will present themselves in the course of this very messy divorce.

Part of me thinks that Brexit won't really happen not because of any kind of tyrannical act of government but just because of the huge legal and constitutional challenges its going to cause. Right now we are just seeing the immediate fall out of our little spat with Europe once the divorce proceedings get under-way then we are going to see just how difficult this is gong to be.

originally posted by: TheKnightofDoom
a reply to: smurfy

It would be political suicide for the MP's and whatever party they were in if they reversed the outcome.
The government has to go with the democratic vote or we will burn it down.
Accept the decision and move forward,

Now that is some good old fashioned American patriotism from our British brothers. When the Government doesn't listen it must be MADE to listen.

originally posted by: alldaylong
a reply to: smurfy


The common man has spoken and overuled them.

That remains to be seen, these lawyers are already having talks with government lawyers. People don't pay lawyers for mere formalities.

originally posted by: Metallicus

originally posted by: TheKnightofDoom
a reply to: smurfy

It would be political suicide for the MP's and whatever party they were in if they reversed the outcome.
The government has to go with the democratic vote or we will burn it down.
Accept the decision and move forward,

Now that is some good old fashioned American patriotism from our British brothers. When the Government doesn't listen it must be MADE to listen.

Remind us how has that worked out with the Iraq War and the Patriot Act?

Hell you found out your entire government had been spying on you and done nothing about it.

originally posted by: OtherSideOfTheCoin
Remind us how has that worked out with the Iraq War and the Patriot Act?

Hell you found out your entire government had been spying on you and done nothing about it.

It worked out very well in Trafalgar Square during the Pole Tax riots forcing the government to do a U-turn.

Secondly, GCHQ are all damned to hell as they read these keypresses via Win10.

Message directed at GCHQ.
"If you government officials do not take up the Cross of Jesus Christ and repent and seek forgiveness from Jesus Christ then you are all going to the Lake of Fire on Judgement Day."

Let them spy every keypress because they are so damned clueless they never realised it was going to act as a double-edge sword and lead to their downfall into the pit.

originally posted by: Metallicus

Now that is some good old fashioned American patriotism from our British brothers. When the Government doesn't listen it must be MADE to listen.

On the flip side of that, it didn't work out too well when some states wanted to leave the Union. Since the winners write the history books, there will be no mention of things like sovereignty. It will be all about racism. They've already laid the groundwork for that.

a reply to: Metallicus

We have quite a lot of history fighting The Man whether it was Margret Thatcher or King John.

Indeed, it is an ADVICE from the people, it's not binding. I know that brexiteers find that hard to swallow, but that's how it is. So, yes, Parliament should debate this and decide, and whilst at it also work out a plan to invoke on how (if) they want to go through with this. Or write out new elections and have the new Parliament decide, write plans etc.

a reply to: TheKnightofDoom

Such a shame that "The Man" always ends up on top. This situation will be no exception.

I fully expect that we will remain in the EU. All of the main Leave campaigners have abandoned ship to save themselves. Leave is now without any navigators or captains. The entire situation is one massive mess, brought on by a promise that David Cameron made to get elected, while not expecting to win a majority government.

This latest move is just another play to keep us in the EU.

a reply to: MetalChickAmy

If it happens democracy is dead.
Then we see what happens.

originally posted by: TheKnightofDoom
a reply to: MetalChickAmy

If it happens democracy is dead.
Then we see what happens.

Has democracy ever been alive? I have always imagined it to just be like a pantomime. They give us a tiny degree of participation, but in the long run its all scripted and goes according to the playwrights will. They never listen, unless it benefits them.

a reply to: smurfy
The flaw in their case is that the British constitution has never been written down, which makes it hard to turn constitutional issues into legal ones.
If there is no statute which says "Only parliament can invoke Article 50", there is no basis for a court to make a legal ruling.
I believe they're engaging in wishful thinking.

They are playing their cards fast, trying to save their little project. It will go on and on, every corner we turn, something else will crop up, but we shall overcome.

If Parliamnet decide to do anything else but Brexit, or sell us down the river with a compromise that we have to accept the E.U laws, then lots of M.P's will lose their jobs, after the place has been brought down.

a reply to: MetalChickAmy

It may be the kick up the arse for people to realize that it is all crooked.
Thing is many will just accept it but many here will not.
A big test for democracy in the upcoming months.

originally posted by: SprocketUK
Be a real pity if these lawyers turned up for work to find their office had burnt down...

Well there are over three hundred of them, I guess we would have to pay for everything eventually..a year and a day is the usual thing. Cost???