Kerry Underwood

BREXIT & THE SUPREME COURT

with 3 comments


This week the Supreme Court considers the Government’s appeal against the decision of the Administrative Court on the issue of the United Kingdom leaving the European Union, specifically whether the triggering of Article 50 is a matter for Parliament and not the exercise of the Royal Prerogative on advice of the Government.

 

That anyone should think otherwise is extraordinary. That a matter so important, whatever your view and whatever your vote in the referendum, should be decided other than by Parliament, would render Parliament, and therefore elections, pointless.

 

Many of those who voted to leave the European Union did so in order to restore sovereignty to the Westminster Parliament, not to hand over dictatorial powers to ministers.

 

I am in that number.
The Administrative Court was right on every point.

 

I trust that the Supreme Court will uphold that decision 11 – 0.

 

No doubt the decision will be long and reasoned, but it need not be. Here is my draft:-

 

“The 11 judges of the Supreme Court unanimously uphold the decision of the Administrative Court that Parliament should decide on how and when the United Kingdom leaves the European Union.

 

It is inconceivable that any rational person or body respecting our system of Parliamentary democracy could think otherwise.”

 

I repeat that I voted to leave the European Union because I wanted power restored to Westminster, and not to be in Brussels and certainly not in Buckingham Palace upon the advice of ministers.

 

 

Next year I will be trekking 160 kilometres through the Sahara Desert to raise money for the Lord’s Taverners charity and EY Foundation. If you would like to show your support and make a donation please click here.

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Written by kerryunderwood

December 5, 2016 at 8:39 am

Posted in Uncategorized

3 Responses

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  1. Some good points Kerry. I agree with the sentiment – I voted out and am amused to be told that I either didn’t understand what I was voted for, am racist or (the latest one courtesy of Sir Michael Wilshaw of Ofsted) that I did it out of jealousy over other parents getting better school places for their children.

    And after the Division Court decision I thought the court made the right decision.

    But I read the written skeleton argument for the Government side on this appeal, and I must say it does have a lot going for it. Fundamentally, whilst Parliament ought to take all decisions (and I can’t for the life of me understand why they haven’t already put forward a one clause “Article 50 of the TEU (Trigger) Bill”) it is the case that Parliament have never been involved in international treaties whether or not they confer rights on citizens.

    If the Govt withdrew from (or failed to renew) the Hague Convention on international service of civil proceedings, for example, there is nothing that anybody could do to stop it. And it would make it more difficult for UK citizens to serve claims abroad.

    Likewise if the EU themselves decided, in the light of the referendum result, to expel the UK unilaterally, then UK citizens would by definition lose EU rights and again, Parliament has no say in the matter and neither do individual citizens.

    And any EU rights enacted by Parliament, whether by primary or secondary legislation, would remain in force unless or until expressly repealed – by Parliament.

    So overall I am leaning to the view that the Government are actually right about this one.

    Dominic Cooper

    December 5, 2016 at 11:20 am

  2. Thanks Dominic!

    kerryunderwood

    December 5, 2016 at 1:56 pm

  3. Reblogged this on | truthaholics and commented:
    “I trust that the Supreme Court will uphold that decision 11 – 0.

    No doubt the decision will be long and reasoned, but it need not be. Here is my draft:-

    “The 11 judges of the Supreme Court unanimously uphold the decision of the Administrative Court that Parliament should decide on how and when the United Kingdom leaves the European Union.

    It is inconceivable that any rational person or body respecting our system of Parliamentary democracy could think otherwise.””

    truthaholics

    December 5, 2016 at 1:56 pm


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