The Supreme Court

[cromwell]

Is to announce its decision shortly. I wonder what it could POSSIBLY be?

Really getting sick of all this quasi legal flim flam now.

[Rodo]

Government lost. Now what.

[cromwell]

More attempts to frustrate the will of the people, more legal bids to stop the process of Brexit.

If "Parliament is Sovereign" as Tony Blair's Supreme Court claims, then by it's very nature any Referendum is only advisory. You could have 95% of the people vote one way in a referendum and our not very representative "representatives" in the House of Commons could decide that the 5% were correct.

In which case we don't have a Parliamentary Democracy, we have a Parliamentary Dictatorship; and no amount of huffing and puffing legalese can disguise that.

By the way, did we have a vote bythe Houses of Parliament before Heath signed us into the EEC? I can't remember.

[Suff]

Well he had the European Communities Act passed in 1972 and then used it to simply sign the treaties when the EEC finally agreed to our terms.

So, in a sense, it was done the right way, first pass an act, second sign the documents. However, if you take the judgement today, he should have gone back to Parliament, or the people, with the deal he agreed. Judging by all the Remoaners blathering now that we've voted to leave, the original accession did not meet the standards they are demanding today.

Anyway. Moot point. May will introduce a one line bill. Most of Labour will support it because they'll lose their seats if they dont. Most Tories will support it because they'll lose their seats too if they don't.

It would be nice if the by elections could be complete before the vote but not sure they will be. Both are on Feb 23rd and I'm sure that May would like to get the vote out of the way before them. Especially as she would not want to have 3 UKIP MP's talking on the bill (assuming UKIP do win both of them)...

[Workingman]

This was all very predictable from day one because the case was about the Law and due process.

We were told the Courts would throw it out - they didn't.

We were told the High Court would side with government - it didn't.

We were told the Supreme Court would overrule - it hasn't.

It is all rather ironic that Brexiters, who banged on endlessly about the UK's sovereignty, are now finding it not working in the way they dreamed of.

If the government has been doing its job properly it will have expected this decision and a short bill should already be on paper and ready to go asap.

[Suff]

We were told the Courts would throw it out - they didn't.

Actually they should have. But they have been very sly about it. They have ruled on the process of government in the UK. But, in fact, they have absolutely no jurisdiction over the Lisbon Treaty and they know it very well.

May should never have gone to the supreme court. She should have gone to the European Court in Strasbourg and asked for a ruling on the competence of EU law over UK law. Because the Lisbon Treaty is EU law and we have several UK laws conferring superior power to EU law.

Had May gone to Strasbourg the UK supreme court would have been overruled and she would also have made a simple salient point that the Brexiters made during the referendum. UK law is subject to the rulings of the European court. Granted where the European court does not rule there is an open question. But when it does the entire UK legal system is subject to that ruling.

I've seen how the courts work in this way. Ask the wrong question or create the wrong motion and you will get the wrong answer.

Anyway it will play it's way out over the next few weeks and then it will be done and Sturgeon and Fallon can go play with themselves.

[Workingman]

Cudda, wudda, shudda, pah!

What happened, happened. We have to deal with the here and now and I am going to enjoy my little bit of schadenfreude for a while yet.

[Suff]

I stood in court and listened to a sherrif lambast the procurator fiscal for not framing a charge in such a way that he could convict.

It's why I'm so aware of what was done and how it was done.

But, anyway, this will be over in a few weeks and we can then get on with the backbiting about how we are going to seal the divorce.

[Workingman]

What I am enjoying is that Gina Miller was very clear from the start that the case was about the "Sovereignty" of Parliament and its place in the decision making process of the executive.

It was never about delaying A50 or overturning the referendum result. Those were the spurious claims made by Brexiters as part of their despicable campaign against all of us who voted Remain and who they tarred as Remoaners. They have been proved wrong, though they will still twist it and turn it so that they can feel ever so superior.

Yes, I am enjoying their loss, and No, I do not feel a bit guilty about it.

Brexit will go ahead and on schedule, and I have no problem with that, but it will be on the say-so of the "Sovereign" UK parliament. Good!

[Suff]

I don't care about their loss. For me it's just more "stupid is as stupid does".

In EU terms the UK parliament has no sovereignty. If the EU signs a directive the UK parliament has x years to "implement it". No discussions, no negotiations, not ability to block it. If they don't rubber stamp it, then they get fined.

That is the EU.

The Lisbon treaty conferred both the right and the sole responsibility to trigger A50 to the leader of the government of all the EU states. I am convinced this was done so that any leader could block triggering A50 until the EU could be brought in to smooth the ruffled feathers or threaten politicians until they back down.

However, the Lisbon treaty does not say that the leader of the government has the right to trigger A50 "after due authorisation from the state government", it says the leader of the government has the "right".

So the whole sovereignty deal was total BS from day1. The only reason, as I see it, for this total farce and circus is that the government doesn't want to wind up in court after triggering A50 and we have left, for overriding the sovereignty that they brought back (by triggering A50), but did not have at the time A50 was triggered.

Anyway, enough of that. I'm just going to enjoy the show. Some politicians are starting to flap so hard they're orbiting at 20,000 feet. Brexit followed by Trump, the liberal left elite's worst nightmare.