13-11-2016, 08:40 PM
91
Re: And Still They Try To Thwart Democracy!!
Originally Posted by swimfeeders
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I find it somewhat strange that a member should continue to post an opposing view to that given by the EU, even when a link has been posted to the EU's own website which specifies their position.
I'll say no more.
13-11-2016, 08:43 PM
92
Re: And Still They Try To Thwart Democracy!!
Originally Posted by JBR
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Without being rude, I think it's becoming less and less strange!I'll say no more.
13-11-2016, 10:54 PM
93
Re: And Still They Try To Thwart Democracy!!
Originally Posted by Flicker
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Ted Heath signed the Bill by virtue of the British constitutional principle of PARLIAMENTRY REPRESENTATION.Which is how the UK works. It does not work by direct representation.
The Treaty was signed by Edward Heath, the British Prime Minister, in Brussels on 22 January 1972. The European Communities Bill was then introduced in the House of Commons to give parliamentary assent to Britain's membership of the EEC. Although the bill itself consisted of only 12 clauses (accepting all previous EEC regulations, the Treaty of Rome, and the terms of entry), it was subject to some 300 hours of debate before becoming law.
If you object to what your govt is doing your role is to tell your MP.
ie be aware.
The cornerstone of democracy is to be aware. Or suffer the consequences.
What you cannot do is jump the role of your representative. The UK does not recognise direct popular will except through elected representative. And has not done since the Civil War.
http://www.lawyersforbritain.org/ref...-binding.shtml
13-11-2016, 11:06 PM
94
Re: And Still They Try To Thwart Democracy!!
Originally Posted by gasman
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These lawyers seem to disagree with you :http://www.lawyersforbritain.org/ref...-binding.shtml
It now remains to be seen whether the Supreme Court will take account of that. If they do, I wonder what action will be taken against the infamous 'three judges'.
13-11-2016, 11:28 PM
95
Re: And Still They Try To Thwart Democracy!!
Originally Posted by gasman
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These lawyers seem to disagree with you :http://www.lawyersforbritain.org/ref...-binding.shtml
14-11-2016, 01:52 AM
96
Re: And Still They Try To Thwart Democracy!!
I fear too that Flicker is incorrect in his assessment of law.Common Law documents represent much of our constitutional material. These are not Acts of Parliament. Their principles cannot be repealed by Parliament.
The Queen swore to uphold the "laws and customs" of the people of the United Kingdom at her Coronation, those "laws and customs" include Common Law.
The Magna Carta is one of those Common Law documents.
In 1297 the Model Parliament confirmed Magna Carta in statute law. Much of this statute has since been repealed. Yet while Parliament can repeal or amend any Act of Parliament (statute), Parliament was not a party to the original Common Law contract, and cannot, therefore, amend or repeal it lawfully, and thus its original provisions remain intact.
Should the government stray out of its duties and thereby fail to uphold Common Law, it is our duty to step in and require the Queen to uphold her contract with the people. Sovereignty lies with the people and the Queen is bound by that oath to hold an out-of-control government to account.
In the past, 6 British Monarchs have been deposed in one form or another, having been deselected for their failure to maintain the rights and liberties of the People. They were Ethelred, Richard II, Henry VI, Charles I (executed), James II and Edward VIII.
14-11-2016, 02:15 AM
97
Re: And Still They Try To Thwart Democracy!!
Originally Posted by Pumicestone
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.... I would think it would be a bit hard to successfully prosecute a breach of an unwritten 'law' ?
Originally Posted by Julie1962
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Not at all verbal contracts exist in law I believe.
But always a "bit harder" to resolve disputes than if there is a clear-cut written contract with all terms and conditions clearly stated, signed by all parties, and witnessed ?
At least, I would think so.
But hey, I am neither a Constitutional Lawyer nor an expert in Contract Law.
Wonder if Constitutional Law could apply if, strictly speaking, there isn't one -
or if 'Contract Law' would apply at all in a case like this ?
14-11-2016, 11:18 AM
98
Re: And Still They Try To Thwart Democracy!!
Originally Posted by gasman
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These lawyers seem to disagree with you :http://www.lawyersforbritain.org/ref...-binding.shtml
We are a group of lawyers, legal academics, retired judges and constitutional specialists who came together to campaign for a Leave vote in the referendum
They WOULD say that wouldn't they?
Try this...a respected unbiased overview:
https://fullfact.org/europe/was-eu-referendum-advisory/
14-11-2016, 11:34 AM
99
Re: And Still They Try To Thwart Democracy!!
Originally Posted by JBR
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Very encouraging and, best of all, a slap in the face for those whingeing remainiacs who thought they could have their own way in favour of the majority of the voters.It now remains to be seen whether the Supreme Court will take account of that. If they do, I wonder what action will be taken against the infamous 'three judges'.
Hi
Action?
Hopefully nothing.
Judges are often overruled by their superiors.
14-11-2016, 11:42 AM
100
Re: And Still They Try To Thwart Democracy!!
Originally Posted by Realist
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I fear too that Flicker is incorrect in his assessment of law.Common Law documents represent much of our constitutional material. These are not Acts of Parliament. Their principles cannot be repealed by Parliament.
Unlike many other nations, the UK has no single constitutional document. This is sometimes expressed by stating that it has an uncodified or "unwritten" constitution. Much of the British constitution is embodied in written documents, within statutes, court judgments, works of authority and treaties.
The legislative process by which a constitutional law is repealed, amended or enacted, even one dealing with a matter of fundamental political importance, is similar in kind to any other Act of Parliament, however trivial its subject matter.
The Magna Carta is one of those Common Law documents.
In 1297 the Model Parliament confirmed Magna Carta in statute law. Much of this statute has since been repealed. Yet while Parliament can repeal or amend any Act of Parliament (statute), Parliament was not a party to the original Common Law contract, and cannot, therefore, amend or repeal it lawfully, and thus its original provisions remain intact.
"Under our constitution, speaking as a constitutional lawyer, sovereignty rests in what we call the Queen in parliament," he told The Independent.
"It's the right of MPs alone to make or break laws, and the peers to block them. So there's no force whatsoever in the referendum result. It's entirely for MPs to decide.
http://www.independent.co.uk/news/uk...-a7105181.html
IOW it was an act of Parliament that took the UK into the EEC/EU and only an at of parliament can take us out because all other forms of law are inferior to an Act of Parliament passed by the voice of the people. Which in UK constitution is the Parliament.
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