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The Brexit process

Clappers - a question for (some of) you:

Do you imagine that you'd argue the same way about the supremacy of parliament if say the referendum was on the taking of the railways into public ownership - same result (yes winning) and same 75% opposed parliament. If you answer yes, that it's up to the (opposed) parliament to decide, then fair enough, you're arguing on the principle you say you are. If no, then not. You're just cheering political top-down moves to block an action that you don't personally support.
I'm not exactly a 'clapper', but I've argued that the exercise by govt of the royal prerogative is a dangerous, bad thing for years. And in this case, they're being pretty disingenuous in their reasoning. It must happen, but it must happen at the time of our choosing, not immediately or even nearly immediately. Why end of next March? Why not last month or the month before that, or next week?
 
I'm not exactly a 'clapper', but I've argued that the exercise by govt of the royal prerogative is a dangerous, bad thing for years. And in this case, they're being pretty disingenuous in their reasoning. It must happen, but it must happen at the time of our choosing, not immediately or even nearly immediately. Why end of next March? Why not last month or the month before that, or next week?
So is that a yes or a no?
 
Clappers - a question for (some of) you:

Do you imagine that you'd argue the same way about the supremacy of parliament if say the referendum was on the taking of the railways into public ownership - same result (yes winning) and same 75% opposed in parliament. If you answer yes, that it's up to the (opposed) parliament to decide, then fair enough, you're arguing on the principle you say you are. If no, then not. You're just cheering political top-down moves to block an action that you don't personally support.

I'm cheering this move because anything that sticks the failure of parliamentary democracy right in people's faces is a good thing imho
 
Why oh why oh why cant we have a proper leader like Putin who would not bother with all this legal flip flopping and just sort the problem out. He has some supporters on here for his no nonsense approach .
 
Clappers - a question for (some of) you:

Do you imagine that you'd argue the same way about the supremacy of parliament if say the referendum was on the taking of the railways into public ownership - same result (yes winning) and same 75% opposed in parliament. If you answer yes, that it's up to the (opposed) parliament to decide, then fair enough, you're arguing on the principle you say you are. If no, then not. You're just cheering political top-down moves to block an action that you don't personally support.

This is about ends and means, so it's not a straightforward question.

For argument's sake, though, assuming i have unswerving respect for democracy and the rule of law, I'm never going to want anything to be achieved that requires the Prime Minister to exceed their powers.
 
Why oh why oh why cant we have a proper leader like Putin who would not bother with all this legal flip flopping and just sort the problem out. He has some supporters on here for his no nonsense approach .



Why oh why oh why can't we just ask the people what they want and when they answer, just do it without crying in to our baguettes?


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So is that a yes or a no?
I don't necessarily support a system of policy-making by referendum. I wouldn't necessarily want there to be a referendum on nationalising the railways. If the govt wants to do it, they should go ahead and try to do it. If this system were extended to include specific policies such as nationalising stuff, the system itself would need to be changed (to something more like what there is in Switzerland), making your question rather meaningless.

But as a general principle, I see no reason not to oppose and continue to oppose things voted for by referendum. Plenty of objectionable stuff has been voted through in Switzerland that I would most certainly oppose if I lived there. On balance, I don't think the Swiss system, where a question like nationalising railways might be put to a referendum, is a well-functioning one.
 
I don't necessarily support a system of policy-making by referendum. I wouldn't necessarily want there to be a referendum on nationalising the railways. If the govt wants to do it, they should go ahead and try to do it. If this system were extended to include specific policies such as nationalising stuff, the system itself would need to be changed (to something more like what there is in Switzerland), making your question rather meaningless.

But as a general principle, I see no reason not to oppose and continue to oppose things voted for by referendum. Plenty of objectionable stuff has been voted through in Switzerland that I would most certainly oppose if I lived there. On balance, I don't think the Swiss system, where a question like nationalising railways might be put to a referendum, is a well-functioning one.
other objectionable referenda include the 1938 plebiscite on union between germany and austria

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It's a potential mess. I don't see how they can whip it, tbh. Many tory MPs (and labour for that matter) can legitimately say that they are personally opposed to brexit, and have a record showing as much, that so is the majority in their constituency, and that they campaigned in the last election on that basis.
Of course they can


Also, if they are presented with anything more sophisticated than 'in/out, yes/no', they can legitimately say that it is their job to scrutinise that and then be held accountable for their decision after that scrutiny. That's what a parliament is supposed to be for.

...even if it means over-riding the decision arrived at by the whole electorate at the referendum held to decide the issue :thumbs:

But in fact you're quite right. in a strictly legal/constitutional sense, the electorate have no authority to decide on this or any other issue. Parliament is and remains sovereign, and no one should forget it.
 
I'm cheering this move because anything that sticks the failure of parliamentary democracy right in people's faces is a good thing imho

And this sort of demonstration of that failure/contradiction is exactly the sort of thing I was hoping for when I argued and voted for Leave.

Whether we can gain further from it all remains to be seen
 
...even if it means over-riding the decision arrived at by the whole electorate at the referendum held to decide the issue :thumbs:.
Well that's one of the contradictions, isn't it? The referendum voted 'out', but with no detail about how it would happen or the consequences of the various options. Whichever particular version of brexit the govt comes up with, it would not be democratic for them to be able to force it through using the referendum as justification.
 
cue all the fucking remainers on facebook getting all excited and talking about victories for democracy

It is a victory for democracy, representative democracy anyway. Some leaver are going to feel its Putney 1647 again, but quite happy myself. One of the biggest problems with the EU was the way National governments used it as a tool to circumvent parliamentary scrutiny.

Means though, we will probably have a General Election very soon. Think the headache will be the Lords and that will have to be reformed too. Just had some pro government pillock saying they need all sorts of rulings from the Supreme Court to avoid constitutional crisis.....NO that would be a constitutional crisis..Leadership and solutions need to now come from Parliament, not the judges.
 
But in fact you're quite right. in a strictly legal/constitutional sense, the electorate have no authority to decide on this or any other issue. Parliament is and remains sovereign, and no one should forget it.

The referendum was always consultative. But I imagine the court challenge, and the subsequent Parliamentary process, will merely increase the widespread perception that the interests of the political class are diametrically opposed to theirs.
 
The referendum was always consultative. But I imagine the court challenge, and the subsequent Parliamentary process, will merely increase the widespread perception that the interests of the political class are diametrically opposed to theirs.
yeh. but the interests of the political, or ruling, class are of course diametrically opposed to theirs and the ruling class trick is to make other classes associate themselves with the interests of the ruling, or political, class.
 
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