22-06-2016, 05:38 PM
1
An Alternative Theory on Brexit
Brexit Won't Actually Happen Even If The Public Votes For It ?A really crucial detail about the upcoming EU referendum has gone virtually unmentioned and it is probably the most crucial detail: Parliament doesn't actually have to bring Britain out of the EU if the public votes for it.
That is because the result of June 23rd referendum on Britain's EU membership is not legally binding. Instead, it is merely advisory, and, in theory, could be totally ignored by UK government.
(For more on this see Business Insider's intriguing interview with the University of Westminster's Dr Peter Catterall - This is why a Brexit will most likely not actually happen even if the public votes for it.)
This incredible detail is explained in a new blog post by Financial Times columnist and legal expert David Allen Green.
Green says that no legal provision was included in the EU referendum legislation that requires UK Parliament to act in accordance with the outcome of the referendum.
This is unlike the last referendum held across Britain, the Alternative Vote referendum held in 2011, where the outcome had a legal trigger and had to be acted on by the government of the time.
Instead, what will happen next if the public votes for a Brexit will be purely a matter of parliamentary politics.
The government could decide to put the matter to parliament and then hope to win the vote, Green says. In the scenario of Britain's EU membership being put to a Westminster vote, barring no dramatic change in allegiances, it is likely that MPs would vote to keep the country in the 28-nation bloc.
This is because the vast majority of the 650 MPs identify as Europhiles and would likely support a motion position to protect Britain's place in the EU.
Pro-EU MPs could even argue, ironically, that ignoring the public's will would be parliamentary sovereignty in practice - something that Leave campaigners argue has been conceded to Brussels.
Alternatively, ministers could attempt to negotiate an updated EU membership deal and put it to another referendum. Finally, the government could just choose to totally ignore the will of the public.
22-06-2016, 05:44 PM
4
Re: An Alternative Theory on Brexit
Originally Posted by Goldielocks
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Brexit Won't Actually Happen Even If The Public Votes For It ?A really crucial detail about the upcoming EU referendum has gone virtually unmentioned and it is probably the most crucial detail: Parliament doesn't actually have to bring Britain out of the EU if the public votes for it.
That is because the result of June 23rd referendum on Britain's EU membership is not legally binding. Instead, it is merely advisory, and, in theory, could be totally ignored by UK government.
(For more on this see Business Insider's intriguing interview with the University of Westminster's Dr Peter Catterall - This is why a Brexit will most likely not actually happen even if the public votes for it.)
This incredible detail is explained in a new blog post by Financial Times columnist and legal expert David Allen Green.
Green says that no legal provision was included in the EU referendum legislation that requires UK Parliament to act in accordance with the outcome of the referendum.
This is unlike the last referendum held across Britain, the Alternative Vote referendum held in 2011, where the outcome had a legal trigger and had to be acted on by the government of the time.
Instead, what will happen next if the public votes for a Brexit will be purely a matter of parliamentary politics.
The government could decide to put the matter to parliament and then hope to win the vote, Green says. In the scenario of Britain's EU membership being put to a Westminster vote, barring no dramatic change in allegiances, it is likely that MPs would vote to keep the country in the 28-nation bloc.
This is because the vast majority of the 650 MPs identify as Europhiles and would likely support a motion position to protect Britain's place in the EU.
Pro-EU MPs could even argue, ironically, that ignoring the public's will would be parliamentary sovereignty in practice - something that Leave campaigners argue has been conceded to Brussels.
Alternatively, ministers could attempt to negotiate an updated EU membership deal and put it to another referendum. Finally, the government could just choose to totally ignore the will of the public.
If there is a significant majority for 'Brexit' and Parliament determine to ignore it, that would create a constitutional crisis of enormous proportions and could concievably not only bring down the Government per se, but could also bring down parliament as we currently know it.
22-06-2016, 10:30 PM
8
Re: An Alternative Theory on Brexit
Originally Posted by Goldielocks
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Brexit Won't Actually Happen Even If The Public Votes For It ?
Originally Posted by swimfeeders
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HiWe are a democracy, if it is out by even one vote it is out.
I will not be a happy Womble if they ignore the voters.
I believe the decision has already been made and all this referendum hype is just playing to the gallery.
23-06-2016, 08:07 AM
10
Re: An Alternative Theory on Brexit
Originally Posted by spitfire
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What use is democracy, when you have spin doctors with whips.
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