BREXIT and Parliamentary Sovereignty


Image result for image of brexit meme

Hello and hi. Remember when I said that I was DONE writing about BREXIT? Well, truth be told, I lied. Sorry (not sorry). So, this happened…

So, it was pretty clear sailing in terms of BREXIT, people voted in the referendum, our PM resigned, we then got a new PM, who was strongly in the ‘remain’ camp, but she had to get on with it. Our new PM, Theresa May, told us that ‘Brexit means Brexit.’ Some of us, even rallied behind her. Finally, we had a strong leader who meant business. Later, our PM told the UK public that she would then trigger Article 50 next March-this would start the exit out of the EU process. The nation, took a collective breath of relief and then made a nice cup of tea and ate a bakewell tart. I mean, what else was there to do? Nothing, as far as I am concerned.

Image result for image of tea and bakewell tart                                                                                                 Image: The Old Original Bakewell Shop

Then today at a High Court ruling, it all went a bit ‘Pete Tong’ (wrong). Oh dear. You see, campaigner Gina Miller argued in front of the High Court, that Parliament must vote regarding BREXIT. In short, our PM’s lone wolf decision to trigger Article 50, without the consent of parliament, was simply, not on-it was not the done thing. In fact, it was no bueno. I think you get the point.

In fact, Parliament must vote on whether the UK can start the process of leaving the EU, which the High Court has indicated, in their ruling, this morning. But our PM, Theresa May, had indicated that the referendum, along with existing ministerial powers, meant that MP’s did not need to vote. But campaigners like Gina Miller, said that May’s decision was simply unconstitutional. Yup. Pretty much. That being said, the government is appealing, with a further hearing expected next month at the Supreme Court-where all 11 Justices will hear the case. All 11. It is pretty extraordinary to have all 11 of them hearing one case.

Outside of the High Court, Gina Miller said that the case was about ‘process not politics.’ Well, maybe. I just know that right now, Theresa May is silently screaming into a paper bag. Yes, yes she is. You see, the government made a fundamental decision to trigger Article 50 in March of next year, consider it as the UK commencing early divorce proceedings. Everything was hunky dory, but now, not so much. Sadly, Theresa May has lost control over this process. Essentially, the campaigners brought to the High Court a judicial review. Their case was pretty strong and  was held up and supported by parlimentary sovereignty.

Lord Chief Justice ruled that the government’s argument to trigger Article 50 was “contrary to the fundamental constitutional principles of the sovereignty of parliament.” And he is kind of right. After all, he is Lord Chief Justice, he knows plenty about the English Legal System. Yes. Yes, he does.

Parliamentary Sovereignty

Parliamentary Sovereignty is a principle of the (unwritten) UK constitution. In brief, it makes Parliament the supreme legal authority in the UK, which can create or end any law.  Generally, the courts can’t overule its legislation and no Parliament can pass laws that future Parliaments cannot change.

What does this mean?

So, now MP’s will now be gien a vote on wheter the UK can START the process of leaving the EU. Theresa May’s government can’t trigger Article 50 on their own without the say of Parliament.

What happens next?

Well, Theresa May has ordered government lawyers to appleal the decision at The Supreme Court. So now, we wait.

In closing, this issue has been dividing the nation. Theresa May finally gave us a deadline of when proceedings to leave the EU were to start-she indicated that it would be next March, and everyone seemed ok with that. But since today’s ruling, everything has been turned on its head and the Prime Minister’s timetable is now null and void. Next stop, The Supreme Court. Meanwhile in Brussels, all is quiet. They are just as shocked as we are. Sorry (not sorry) this will not be my last post on BREXIT, guys. I am just getting warmed up. Yes. Yes, I am.





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