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theaface

Member
Oct 25, 2017
3,149
Take one look at the electorate and tell me a second referendum is sensible.

It's as sensible as it's going to get. At least if the electorate vote again to Leave, now knowing what Leave means and looks like, it would be a somewhat informed decision and a far more legitimate expression of democracy. Also, if the second referendum where to be binding unlike the first, the electoral commission will actually have some teeth to ensure people play within the rules.

A second leave vote would be a stupid and disastrous choice, but far preferable to the nonsense of the first referendum where Leave could mean whatever you wanted it to mean (SM, CU, independence, Norway, no immigration, sovereignty, sunny uplands, etc etc).
 

Rassilon

Member
Oct 27, 2017
10,582
UK
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Bitch Pudding

Member
Oct 25, 2017
4,202
Its going to the Supreme Court of the UK, so they definitely will have to listen.


More info from The Guardian:

Scottish appeal court judges have declared that Boris Johnson's decision to suspend parliament in the run-up to the October Brexit deadline is unlawful.


The three judges, chaired by Lord Carloway, Scotland's most senior judge, overturned an earlier ruling that the courts did not have the powers to interfere in the prime minister's political decision to prorogue parliament.


Lawyers acting for 75 opposition MPs and peers argued Johnson's decision to suspend parliament for five weeks was illegal and in breach of the constitution, as it was designed to stifle parliamentary debate and action on Brexit.


The British government will appeal against the Scottish appeal court's decision, which also contradicts a decision in Johnson's favour by senior English judges last week, at the supreme court.


The supreme court has already scheduled an emergency hearing on both the Scottish and English cases for 17 September, alongside a third challenge brought in the courts in Belfast.
 

8bit

Member
Oct 27, 2017
5,390
Now that I think about it, the Scots bringing back the lying PM, arresting the Queen as an accessory and declaring Independence is a pretty good third act.
 

Koukalaka

Member
Oct 28, 2017
9,279
Scotland
Now that I think about it, the Scots bringing back the lying PM, arresting the Queen as an accessory and declaring Independence is a pretty good third act.

It's like a rerun of the civil war, with the Scots intervening to save Parliament from an overreaching executive.

(Minus the actual violence and religious element, hopefully)
 
Oct 28, 2017
5,800
It's laughable that we all know WHY it's happening, but that legally, they can say about a new Queen's Speech and blah-di-blah and they will probably satisfy the Supreme Court.

Did the English court decision come from evidence produced by the government? That's what the Scottish case pushed heavily and its clear that it was done to stop parliament scrutinising government behaviour.
 

JonnyDBrit

God and Anime
Member
Oct 25, 2017
11,012
Feels like this is great material for Sturgeon too. Either Scottish judges help defend British democracy, or the 'UK' Supreme Court denies Scotland a voice in Parliament (alongside everyone else, but still).
 

nature boy

Member
Oct 25, 2017
8,877
So is Parliament unprorogued (lol)

I wonder if Liz even gives a fuck

Whatever the outcome at the SC, this is fucked up either way

Edit: The Scottish court will issue an order but it hasn't yet
 
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danowat

Banned
Oct 27, 2017
5,783
Even if it comes to nothing, it's so much fun watching Brexiteers heads exploding scream treason and democracy at the top of their voices.
 

JediTimeBoy

Member
Oct 27, 2017
6,810
I'd imagine the executive is still bound by Scots law as much as English law on constitutional matters - in times like this I wish I still knew law students

It's not about being bound to Scottish law, because ultimately the case is going to the UKSC.

What I'm interested in is whether the UKSC, will keep a narrow focus on the judgment, (prorogation stymies Parliament), or whether they'll generally focus on prorogation overall.
 

Koukalaka

Member
Oct 28, 2017
9,279
Scotland
It's not about being bound to Scottish law, because ultimately the case is going to the UKSC.

What I'm interested in is whether the UKSC, will keep a narrow focus on the judgment, (prorogation stymies Parliament), or whether they'll generally focus on prorogation overall.

My assumption is they'd have to consider it on the basis of Scots Law, though? I'm keen to read more on the implications on this from lawyer-y types.
 

Ravensmash

Member
Oct 25, 2017
8,797
Had the pleasure of reading both The Sun and the Daily Mail's take on Bercow/the closure of Parliament yesterday evening.

Good lord - both were foaming at the mouth.

As for the Littlejohn piece about it and the law forcing Boris to seek an extension (which he framed as preventing Brexit...)....bloke seems to think that a party leadership campaign pledge is more valid than a law passed by elected representatives of the people.
 

JediTimeBoy

Member
Oct 27, 2017
6,810
My assumption is they'd have to consider it on the basis of Scots Law, though? I'm keen to read more on the implications on this from lawyer-y types.

Shit, looks like I was misreading: the matter being referred to the UKSC, is a final decision on interdiction (prohibiting prorogation). But as part of that, UKSC will look at the judgment handed, and therefore whether it agrees.



The first two paragraphs are the reasons for the decision.
 
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Oct 27, 2017
3,483
Did the English court decision come from evidence produced by the government? That's what the Scottish case pushed heavily and its clear that it was done to stop parliament scrutinising government behaviour.
In the government response to the anti-prorogation petition they said:
"Prorogation is a prerogative Act of the Crown, exercised on the advice of Ministers. We must respect the referendum result and the UK will be leaving the EU on 31 October whatever the circumstances.
The UK will be leaving the EU on 31 October whatever the circumstances. We must respect the referendum result."

Whatever pretense they try to give it, they've basically admitted that it was to force through Brexit.
 
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