Good you are doing it again, why bother with allowing votes. The ruling class eh, carry on.
Good you are doing it again, why bother with allowing votes. The ruling class eh, carry on.
How's the Bobexit thread going?![]()
Your satire is superb, Bobbie. When chatting to a colleague of mine, also Irish (did his postgraduates on British colonialism at Trinity/Cambridge), the concept of the British Empire/US Empire/EU Empire as PLCs that rape the world in the name of governments/institutions for the benefit of a small proportion of 'elites' never gets mentioned; I mean why would the top historians on the subject be interested in history and known facts...
If your comment was not comedy then you have a very serious problem with reality.
Cycling should be banned!!!
Of course he has a problem, he thinks he's above the populous. He's in Tech, dabbling in decisions but divorced of reality that affect most people in the UK which is where he gets his holier than thou attitude. He could do with a little time on the ground but then ... nah whats the point. He comes across all edumacated and (like Cy and Gent) likes to look down on posters on here using language which presents them as racists and idiots oh and more but really...
Where's the crayon, matches, lighter fuel, fluffies, law books, no one has ever studied law on here except Bob - all hail the Bob. Bob ...Bob
Is Bob a Foolbag sock?![]()
Asssumes? That's the constitution, that same constitution you continue to prove your absolute and complete ignorance of. I don't need to prove what already exists and has done for centuries, if you insist that something new has been introduced without anyone noticing then it's up to you to prove that. As for the ridiculous idea of using the royal prerogative, anyone even tangentially informed of how British Government works would realise why that's impossible.
owever, as you asked, here you go, genius, what do you think of this?
https://ukconstitutionallaw.org/2019...nd-article-50/It might be thought to be somewhat strange that prerogative could be used to extend the Article 50 process but could not be used to notify the start of the process, or indeed revoke such a notification. Any sense of strangeness may fade when the nature and role of the prerogative in domestic law is considered. The treaty prerogative is a general power possessed by the crown in domestic law and exercised on the international plane. Case law has established that the general power is constrained if it conflicts with any Act.This means that the power to notify under Article 50, and revoke that notification, are certainly included within the treaty prerogative – just as the power to agree new law at EU level is included – but those powers could not be exercised due to the ECA, EUNoWA and EUWA.
The remaining question is obviously whether the treaty prerogative power to extend the Article 50 process (which is certainly encompassed within the general treaty prerogative) can be exercised. The answer to that question involves ascertaining whether an extension would frustrate the intention of parliament in any Act.
The first Acts to consider are EUNoWA and EUWA. Unlike revocation, it is not at all obvious that a short extension would frustrate those Acts. On the contrary, to the extent that such an extension permits a smoother achievement of what parliament clearly intended in passing those Acts (which is to leave the EU), the exercise of the prerogative in this case to secure a short extension would not appear to frustrate those Acts in any way.
Furthermore, the very fact that parliament conferred a power on ministers to change the exit day as a matter of domestic law suggests that exercising the prerogative in a way consistent with that power is very unlikely to be considered to frustrate the intention of parliament as expressed in EUWA. Indeed, this is what appears to be envisaged in the final sentence of the extract from paragraph 95 of Miller above.
On the other hand, it is difficult to see how using the prerogative to continue membership of the EU on a temporary standstill basis could frustrate the intention of parliament in the ECA. Nor would it seem to frustrate any of the other Acts mentioned in the Miller litigation, and in the original post on this blog that precipitated that litigation by Barber, King and Hickman.
As I know you're incapable of understanding these complex arguments what it says is that Royal Prerogative can constitutionally be used to extend article 50 but not to initiate it or revoke it.
Last edited by DrB0b; 07-04-2019 at 01:40 AM.
The Above Post May Contain Strong Language, Flashing Lights, or Violent Scenes.
Foolbag set up DrBob username as a sleeper in 2006 .
Do you still have a strong Oirish accent Bob?
Or do you speak proper cockney now considering the years you've loved living the dream in Slough?
9pm
Lights out.
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