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Solasch
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Netherlands
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25-05-2020, 08:23 PM
71

Re: More Brexit Doom and Gloom...... NOT !

Originally Posted by Bread ->
I told you that you wouldn't understand.

I was right !
Well, I understand you know better than your government. They really think:

Commons Library Briefing, 17 February 2017

1. The Government makes treaties…
Treaty-making – ‘traditionally an executive power par excellence’ – was once fairly infrequent, and usually concerned war and peace, territory and trade. The last century or two, treaty-making is still generally seen as a matter for governments. However, a range of domestic mechanisms for reviewing them has developed, often involving parliaments.
In the UK, the Government negotiates, signs and ratifies treaties
(around 30 a year) under the Royal Prerogative, with only a limited role for Parliament.

2. … but treaties cannot change UK domestic law

2.1 The UK is a ‘dualist’ state
The corollary of the Government’s dominant role in making and
ratifying treaties is the fact that treaties cannot change UK domestic
law. The UK is a ‘dualist’ state, which means that treaties are seen as
automatically creating rights and duties only for the Government under international law. When the Government ratifies a treaty – even with Parliamentary involvement – this does not amount to legislating.
https://commonslibrary.parliament.uk...fings/sn05855/
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Bread
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25-05-2020, 08:32 PM
72

Re: More Brexit Doom and Gloom...... NOT !

Originally Posted by solasch ->
well, i understand you know better than your government. They really think:

commons library briefing, 17 february 2017

1. The government makes treaties…
treaty-making – ‘traditionally an executive power par excellence’ – was once fairly infrequent, and usually concerned war and peace, territory and trade. The last century or two, treaty-making is still generally seen as a matter for governments. However, a range of domestic mechanisms for reviewing them has developed, often involving parliaments.
In the uk, the government negotiates, signs and ratifies treaties
(around 30 a year) under the royal prerogative, with only a limited role for parliament.

2. … but treaties cannot change uk domestic law

2.1 the uk is a ‘dualist’ state
the corollary of the government’s dominant role in making and
ratifying treaties is the fact that treaties cannot change uk domestic
law. The uk is a ‘dualist’ state, which means that treaties are seen as
automatically creating rights and duties only for the government under international law. When the government ratifies a treaty – even with parliamentary involvement – this does not amount to legislating.
https://commonslibrary.parliament.uk...fings/sn05855/


we are not in the eu !

Your arguing with yourself again too.

I'll leave you to get on with it
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Solasch
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Solasch is offline
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25-05-2020, 08:53 PM
73

Re: More Brexit Doom and Gloom...... NOT !

Originally Posted by Bread ->
we are not in the eu !

Your arguing with yourself again too.

I'll leave you to get on with it
Sensible reaction to a text from your parliament's information system. You really are breaking down dude. But then again, all your arguments shot in flames. Must be hard.

Well tomorrow is tueday, so I assume you are redacting "your" new analysis to be posted tomorrow.
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25-05-2020, 09:01 PM
74

Re: More Brexit Doom and Gloom...... NOT !

Originally Posted by Solasch ->
Sensible reaction to a text from your parliament's information system. You really are breaking down dude.

Well tomorrow is tueday, so I assume you are redacting "your" new analysis to be posted tomorrow.

You should read your own posts. Understand those first then you can move on to mine.

I'll throw something up tomorrow when I get a minute. I've been at my beach hut all day today and just chilling with Mrs Bread.
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Solasch
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25-05-2020, 09:04 PM
75

Re: More Brexit Doom and Gloom...... NOT !

Originally Posted by Bread ->
You should read your own posts. Understand those first then you can move on to mine.

I'll throw something up tomorrow when I get a minute. I've been at my beach hut all day today and just chilling with Mrs Bread.
Must have warmed her up. Cold bread and rain on an english beach.

Yep, throwing up is what you do.
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Bread
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25-05-2020, 09:09 PM
76

Re: More Brexit Doom and Gloom...... NOT !

Originally Posted by Solasch ->
Must have warmed her up. Cold bread and rain on an english beach.

Yep, throwing up is what you do.

You will be throwing up too when you read my post tomorrow

Don't go near knives or scissors....
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Solasch
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Solasch is offline
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25-05-2020, 09:11 PM
77

Re: More Brexit Doom and Gloom...... NOT !

Originally Posted by Bread ->
You will be throwing up too when you read my post tomorrow

Don't go near knives or scissors....
Yakkus, the usual garbage. Straight down the toilet it will go.
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Percy Vere
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Wilds and woolly wastes of Staffordshire, UK
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26-05-2020, 03:42 PM
78

Re: More Brexit Doom and Gloom...... NOT !

Solasch is right; I don't understand what a "dualist" state means as I'm not trained in the Law. I doubt he fully understands it either but, to try and clarify things I found this interesting blog page (via Google) from the University of Bristol's Law School Blog https://legalresearch.blogs.bris.ac....torian-acquis/

I still don't understand it because, like I said, I'm no trained lawyer.
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Solasch
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Solasch is offline
Netherlands
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26-05-2020, 04:01 PM
79

Re: More Brexit Doom and Gloom...... NOT !

Originally Posted by Percy Vere ->
Solasch is right; I don't understand what a "dualist" state means as I'm not trained in the Law. I doubt he fully understands it either but, to try and clarify things I found this interesting blog page (via Google) from the University of Bristol's Law School Blog https://legalresearch.blogs.bris.ac....torian-acquis/

I still don't understand it because, like I said, I'm no trained lawyer.
It's not so difficult to explain.
If the dutch government (say our pm rutte) wants the netherlands to sign up to a deal, or treaty etc., he has expresses his intent to sign to the other party. He then has to return to parliament and ask their consent. Parliament, after discussion, democratically votes on it. After rutte gets approval, he returns to the other party and puts his signature on behalf of the dutch parliament.

In the UK, if the head of government, so boris, wants to sign his country up to an agreement, he just has to place his signature on paper. Your parliament has no vote on it. So democracy doesn't enter into it.
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Percy Vere
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Percy Vere is offline
Wilds and woolly wastes of Staffordshire, UK
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26-05-2020, 04:16 PM
80

Re: More Brexit Doom and Gloom...... NOT !

Originally Posted by Solasch ->
2.1 The UK is a ‘dualist’ state etc, etc
Originally Posted by Solasch ->
It's not so difficult to explain.
If the dutch government (say our pm rutte) wants the netherlands to sign up to a deal, or treaty etc., he has expresses his intent to sign to the other party. He then has to return to parliament and ask their consent. Parliament, after discussion, democratically votes on it. After rutte gets approval, he returns to the other party and puts his signature on behalf of the dutch parliament.

In the UK, if the head of government, so boris, wants to sign his country up to an agreement, he just has to place his signature on paper. Your parliament has no vote on it. So democracy doesn't enter into it.
So, are we, or are we not a dualist state, Solasch? In your first post quoted here you say the UK is, in your second, you say we're not. You can't have it both ways.
 
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