Labor leaders seeking to derail Brexit vowed to stop Brexit and took the case to UK courts.
On November 3, a court ruled “The Secretary of State does not have power under the Crown’s prerogative to give notices to Article 50 of the TEU for the United Kingdom to withdraw from the European Union.”
However, prime minister Theresa May is confident of overturning court ruling U. In a two-pronged approach, the prime minister also says, Parliament Must Accept the Referendum Result and Deliver Brexit.
Bloomberg reports May Steadfast on Brexit Timing as U.K. Schism Deepens.
Theresa May insisted Britain’s exit from the European Union won’t be obstructed by judges or lawmakers as the backlash after last week’s constitutional ruling deepened the country’s political schism. May said her government had a strong legal case to make on appeal.
“While others seek to tie our negotiating hands, the government will get on with the job of delivering the decision of the British people,” the prime minister said in the Sunday Telegraph, her first public remarks since the High Court declared that lawmakers should vote on the start of negotiations with the EU. “MPs and peers who regret the referendum result need to accept what the people decided.”
The ruling on Thursday by a High Court panel provoked the Daily Mail to brand its judges as “enemies of the people,” evidence of an increasingly toxic political climate in which no national institution is considered sacred.
Nigel Farage, the former leader of the pro-Brexit U.K. Independence Party, said on the same program that “the temperature of this is very, very high,” and suggested that the national mood would not tolerate any deviation from the goal of a full break with the EU.
“There is a political and wealthy ruling elite who are not prepared to accept the democratic result of referendums,” he said. “If the people in this country think that they’re going to be cheated, they’re going to be betrayed, then we will see political anger the likes of which none of us in our lifetimes have ever witnessed in this country.”
The Guardian reports Article 50 Ruling Leaves Theresa May Facing Potential MP Revolt.
Theresa May is heading for a rebellion over her Brexit strategy after the high court ruled that the UK could not leave the European union without the permission of the British parliament.
Three senior judges ruled on Thursday that the government could not press ahead with triggering article 50 of the Lisbon treaty, the formal process for beginning Brexit, without first consulting MPs and peers in the Commons and Lords.
Downing Street has said they will challenge the judgment and an appeal with the supreme court is expected to be lodged. But David Davis, the Brexit secretary, acknowledged that the ruling as it stood meant the UK’s departure from the bloc would require the consent of both MPs and peers through an act of parliament.
The Guardian understands that a cross-party group of Tory and Labour MPs met this Thursday afternoon to discuss how the ruling could be used to force May to reveal more about her broad negotiating aims.
The unanimous judgment delivered by three of the most senior judges in England and Wales will make it difficult for government lawyers to overturn the ruling in the supreme court and avoid delay.
The judgment ruled: “The most fundamental rule of the UK constitution is that parliament is sovereign and can make and unmake any law it chooses … By making and unmaking treaties the crown [ie the government] creates legal effects on the plane of international law, but in doing so it does not and cannot change domestic law. It cannot without the intervention of parliament confer rights on individuals or deprive individuals of rights.”
Brexit on Track
The Guardian reports Brexit Timetable Still on Track Despite Article 50 Ruling, Theresa May to Tell EU.
Theresa May is expected to tell the president of the European commission that her timetable for Brexit is still on track despite Thursday’s ruling in the high court, although a leading Conservative peer has called for a delay.
The prime minister is due to telephone Jean-Claude Juncker to say she still plans to trigger article 50 by the end of March, notwithstanding the court ruling that parliament must vote on when the process can begin.
On Friday the Welsh assembly announced that it would seek permission to intervene in any government appeal against the ruling, further complicating the Brexit process.
The Westminster government has said it will challenge the judgment in an appeal expected next month, but some senior Tories have welcomed the ruling as a boost to parliamentary sovereignty.
Announcing the Welsh government’s involvement, Mick Antoniw, an assembly member and counsel general for Wales, said he would raise concerns about May’s attempt to use royal prerogative powers to trigger Brexit.
Welsh representations consider the impact on “the legislative competence of the national assembly for Wales, the powers of Welsh ministers, the legal and constitutional relationships of the assembly to parliament and the social and economic impact on Wales”. The Scottish government is also considering whether to join in the case.
The Conservative peer Patience Wheatcroft told BBC Radio 4’s Today programme it would be impossible to trigger article 50 by the end of March.
Lady Wheatcroft said: “I think it is only right to delay triggering article 50 until we have a clearer idea of what it actually entails. And I think there will be others in the Lords who feel the same way. How many I think it is hard to say, but I think there could be a majority who would be in favour of delaying article 50 until we know a little more about what lies ahead.”
Jesse Norman, a junior minister in the Department of Industry, appeared to welcome the ruling, tweeting that it was “a reminder that we live in parliamentary and not a popular democracy”.
Lady Wheatcroft’s demand is impossible. There will never be a time anyone knows “what lies ahead” given animosity in the EU including vows of revenge, punishment, and inferior deals.
Meanwhile, I offer congratulations to Theresa May.
Mike “Mish” Shedlock.
The judgment is nonsense, since Parliament authorized the referendum and government implementation of it, but these judges are all EU-philes. If the appeal fails, which I think it will, Theresa May will need to go full Andrew Jackson on the courts and implement anyway. Otherwise, all hell is likely to break loose….
William Foulkes said:
Old Hickory indeed who did not hesitate to shutter up the First Fed as The Donald hopefully shutters Ms Y for like shenanigans, not stopping at Goldman as Peabody, the Goldman of its day, got Schumpeter’s axe. Reminiscent of Boudicea, Joan of Arc & the Iron Maiden facing up to FDR’s “Money Men” & Eurocrats. Rule, Brittania, n’est-ce pas?
I really don’t see why you’re so for Brexit Mish. The UK is not at all pursuing some globalist fantasy but turning in on itself with toxic politics and adhering to the wishes of xenophobic voters by ruthlessly reducing immigration and soon to get disastrous deals from the EU and have to wait years for deals with other foreign countries. Not to mention keeping the state large or enlarging it with a really left-wing, xenophobic, anti-globalist PM.
You have no idea do you?
No, enlighten me.
The EU has never been about maximizing the positives and containing the problems. It’s always been a foot in the door sneaking approach to a one European governing order that has the legal right to ignore the will of the people.
‘Enlighten me’ sounds like a Rush Limbaugh prove it endless chain of nonsense. Screw you.
The Brits are in for a dark alley knife fight if they want to exit the EU. I hope they realize this. Best wishes to them.
It wasn’t sarcastic, that’s my genuine position.
I’m not a huge fan of the EU too but the UK leaving is not a solution and will just make it worse. The UK lobbied to reduce the power of Brussels and promote less regulation and more free trade, now they’re going to leave, there’s nothing to stop them.
The UK are in for a dark alley knife fight with 27 other people, that’s not going to end well.
Or you’re just really bad at sarcasm.
The EU immigration problem is due to Syria not allowing a gas pipeline to Europe, causing the need to overthrow Assad. I appreciate your feelings of guilt. But yet the war still rages.
The Brexit bunch are Right Wing predominantly.
Immigration will continue but limited to those with the a job waiting for them.
Limits to skilled labour from outside the EU will be reduced. The UK needs more engineers and fewer barrista.
Laws will be repatriated and allow deportation of foreign criminals. We have those convicted for terrorist related crimes that cannot be deported because, for instance, ‘they own a cat’ and therefore have the right to a family life under EU law and must be allowed to remain.
The state will be forced to shrink on lack of revenue and deficit reduction demands that can be postponed but not ignored.
Border controls can be enforced, currently they cannot.
Our own soldiers can be protected against court action that is possible under EU law and does happen even though their actions were in protection of the state.
The UK trade outside the EU can be negotiated under UK control and not subject to the EU external tariff and that trade has been growing faster than EU trade. God willing it will grow faster still in future.
FTT can be avoided as can heavy handed financial regulations that hit the UK but not other members of the EU.
Leaving the EU will be painful but will liberate swathes of the UK from onerous regulation estimated to cost > £20Bn p.a. that applies to companies that don’t even export to Europe.
The EU is the inward looking protectionist entity.
There’s much more than these few points. Add in the common agricultural policy that will be ditched and repatriation of British waters for the fishing industry where the UK share is small.
It will cost but many people do understand and are not ‘I’ll educated’ as various have accused them of being.
The current EU setup is dangerous to democracy and the ability of the state to defend and rule itself at the most basic level.
Having to reduce government spending because your GDP declines so much that it hits tax revenues is not a good thing… it means you’re getting less spending per capita for the exact same tax rates…
if England is worried about paying 20billion dollars into the EU into perpetuity, Then it has alot more to worry about. The money gain not paying the EU will be lost in other areas like subsidies for manufacturers after the tariffs start going up, You are also forgetting the 60billion england would lose per year if financial services in london packed up shop and moved to Brussels. England was better being the fly in Brussels oitment than outside. With England outside there is nothing to stop Brussels NOTHING.
Ymere – without the tacit consent of UK and its arbitrage, several European nations will have to confront EU policy directly.
No peeking now, prooomise.
Ireland, Germany, Eastern European States all lose an ally vs the French/Spanish/Italian/Portugese/Greek axis. They know this.
Ron J said:
“The UK is not at all pursuing some globalist fantasy but turning in on itself with toxic politics and adhering to the wishes of xenophobic voters by ruthlessly reducing immigration and soon to get disastrous deals from the EU and have to wait years for deals with other foreign countries.”
That has already been shown to be nonsense.
The EU is dead man walking, largely because it has overridden the sovereignty of the nations within it for the benefit of large banks and bureaucracies. It has been an economic disaster. Additionally, Brits do not want to be ruled by Merkel, or EU bureaucrats, or adhere to their rules, or accept their “refugees” or pay them $20 billion/yr. They want their own sovereignty, and to retain their own culture. That is their right.
do you honestly think the EU is worried about a mere 20billion per year when EU has forked over hundreds of billions to bailout greece..TWICE…give me a break. People need to stop clinging to this old line of “what the people want” its what the elite and establishment want [FULLSTOP] they have the all the guns and own the banking systems. People think its democracy but really that at time the interests of the elite/establishment merely aligned with the plebs. However now the establishment clearly wants to do things differently…what exactly is a march going to do other than force another election(it did jack out for the war in iraq). If an election is called….what then the conservatives WILL get voted out of power and labor gets in and tears up any notion of brexit.
As i said before Theresa May and Boris Johnson are playing everyone for fools. Where was Boris the night before brexit? He was playing golf. After brexit when he spoke to the press, he looked utterly flabbergasted. Theresa May’s job is to delay delay delay while giving credence to those in the Brexit camp,she is trying everything possible. There is too much money at stake too many interests at stake to merely let go of britain
There is nothing more suitable as the ‘high concept’ for a made-for-television (Netflix perhaps?) movie or mini-series than a political schism.
In fact the world news since “911 changed everything”* is just like watching an endless set of cheap television miniseries, and your television refuses to turn off.
*Dick Cheney, 2003
Not so many decades ago, the Pound Sterling was worth about $2.40. Not so many months ago, it was worth $1.60. Today, it is worth #1.25. And — to rub salt in the wound of Olde Englande’s decline, the dollar of today is worth only a fraction of what it was worth several decades ago.
So lots of individuals with money to invest have their reservations about Brexit — and are getting out while they can. Are those individuals right or wrong? Time will tell.
The part that is more interesting to me is the issue of democratic governance. The referendum on the EU was advisory, not binding. And it was narrowly supported by those who did vote — 52 to 48. And the 52% did not represent an absolute majority of Brits, since a significant percentage did not vote. Let’s leave aside the issue that the 52% were biased towards the soon-to-leave elderly, while the 48% was biased towards the young who will have to live with the consequences of Brexit.
One thing is for sure — it would be very comforting for any democratic government to have the overwhelming support of the people before making a major change, say 70-80% of the total voting population. Since there was not even 50%+1 of the population affirmatively voting for Brexit, then it does not seem unreasonable for the democratically directly-elected Members of Parliament to have a say — versus leaving it all to the non-democratically elected, indirectly chosen Prime Minister.
The implications for what we mean by democracy & government are much more interesting than the question of whether one particular fractured declining state leaves the fractured declining would-be European super-state.
An election will clear it and might destroy Labour.
The GBP is on a well recognised 8 year cycle, look it up, and was due a decline. Brexit gets the blame. If not Brexit it would be pinned on another trigger.
Given the parlous state of our unbalanced economy it is amazing it was as strong as it was for as long as it was.
A one party state for 10-20 yrs, that prioritises the national interest, might be what we need. Careful what we all wish for.
Those against Brexit could be in the political wilderness for years.
The Gov tried to scare everyone, yet still lost.
Maximus Minimus said:
You said it well. It is the end of the cycle and those 8 years have made everything more perilous. The only chance Brexit will not be blamed for decline in UK is when decline elsewhere will be worse, or much worse.
This might be the time to rally the nation if there is still a nation left.
If we can approach it in such a fashion we’ll be OK. Sad to say I am not convinced. We have many who have a low valuation on our Sovereignty and will sell it cheap at the first signs of hardship.
Voter participation was higher for the referendum than the last general election.
The conservatives gained 36.9% of those who did vote in 2015.
Few parliamentarians campaigned for Brexit, they were told by the referendum of public will.
The Heath government was under 50% of those participating but signed into EU law without referendum.
Please, continue without me.
I think it very likely there will be a snap general election to purge parliament of those that don’t conform to the will of the electorate on this issue.
Good or bad. We then see Parliament begin to represent the people, one way or the other.
After, they flood the House of Lords with many new members to represent the outcome of the election.
Theresa May is in India on a delegation currently.
If in doubt, consult the electorate. Those against the will of the people will pay with their seat in Parliament. That tends to get the message across without resort to civil unrest.
Perhaps the electorate have changed their minds or perhaps certain elements in Parliament will be wiped out at the ballot box. No one can be sure.
Not happy with that.
I will not even start to work through the party lists , suffice is that Conservative have slim majority of seats and may not be in position to enact after an election. You might think 50+% leave will vote conservative in a new election, it does not necessarily work like that.
That said, a fresh election with strong majority would be a bonus, but it should not be (and is not) necessary to test the population yet again.
People know what may be afoot by all of this.
Some clever people reckon a change of 150 seats is possible. If the Conservatives put out a pro-UK manifesto Labour could well implode.
Maybe, but my nature is that once three quarters the way up a precipice, you don’t climb back down because onlookers want you to discuss what hold you will take next so that they can be the ones to approve. You would want the ‘Nest of Doves’ at the EU summit for that, they are at ground level and compensate for their potential vulnerability by being perpetually accountably absent .
Truth in that but an MP risking losing their seat does tend to bring them out of a coma.
Presumably Conservatives will run a tight whip on a party policy of voting in A50. To be sure, I don’t know party law and if management can enforce their ticket…. I have seen this in other countries – party fracture, ensuing chaos and loss of vote. An example, MPs rebelling during election making the party line seem dubious in practice.
Tip, I do not trust any of them, when a party committed largely to Bremain wakes up to Brexit, there is no telling.
Fear of the people and the ballot box tends to sober up every politician having any sense.
Let the ballot box decide, for better or worse.
The Brits were suspicious when Brexit passed that somewhere in the process, the UK would be blocked. They know the power of the globalist agenda. This aired a couple of days ago,
Richie Allen “A Few Billionaires Have Used The High Court To Subvert Democracy & Prevent Brexit!”
There were predictions going back before the referendum.
No one can know the outcome of leaving the EU but it is becoming clearer there are some hidden hands involved. Dark forces wanting to weaken and finally remove sovereignty in all European states.
An insidious group of Elite Intelligentsia that counts Tony Blair as a member.
Theresa may is playing you all for fools
Along with a lot of other groups. They’re going to herd the tax cattle some way.
Not all – many are aware of the potential ploy, and are only willing to judge after a fact, as should be. As stands, all cowers behind the legal interpretation and dictate of a privately elected justice… people don’t like that, there is no further guarantee of their proclaimed independence than their own word.
Mish, here’s another one. How things change in a short time with Nate Silver, “GIGO”
Polling Guru Nate Silver: Hillary One State Away From Losing Election. (video interview).
By the way, this might be one of George Stephanopoulos’ last US interviews, because he and his wife are moving to Australia if Trump wins.
The establishment lost the Brexit vote – so, as expected, the establishment will fight to overturn the people’s choice. Power settles everything. Stay tuned.
And the FBI just announced that after examining the emails on Weiner’s computer that the Agency’s position on Hillary remains the same as in July. Power settles everything.
Unless we get some leaks from the rank and file – I’m afraid this will push Hillary across the finish line and into the winner’s circle. God forbid.
The fix is in. The fix was always in. Hillary won’t be elected. She was selected.
Comey just let Hillary off the hook again.
Yes we are a nation of laws. One set for the rich, connected and powerful. Another set for the rest of us schleps.
Mission Accomplished said:
Courts overstepping their authority everywhere.
Needs to get ugly fast or it will get really really really ugly later.
Ron J said:
“The ruling on Thursday by a High Court panel provoked the Daily Mail to brand its judges as “enemies of the people,” evidence of an increasingly toxic political climate in which no national institution is considered sacred.”
The FBI has just done that to itself- destroyed their own credibility.
I dont get Theresa Mays conviction to Brexit, lets analyse it in multiple ways. The young voters were the ones to mostly vote remain and the older voters were the ones to mostly vote leave. Can no one see the demographic issue in this. When the older voting block has died off the younger votes will crucify the conservatives for decades, because everything ill related to the economy will be blamed on the conservatives.
Then there are effects of brexit on the economy. Is England willing to shoot itself in the foot and risk its banking sector which brings in billions of dollars a year, remember England os not switzerland it does not manufacture much anymore also scotland and ireland simply want to stay in the EU to join in their European big state fantasy.
Third and lastly,people seem to be confuse about this, but EU will have no qualms punishing england. The fact that EU is willing to bring in millions of migrants to completely reshape their population demographics and voting block at the risk of inciting internal tensions and you are worried about EU cutting its nose to spite its face when it comes punishing england with a hard Brexit.HA gimme a break. EU will simply write itself a big check or bailin and move on while taunting England.
My bet is Article 50 never gets triggered, more and more obstacles will come up preventing it from being a reality.
Ron J said:
“Then there are effects of brexit on the economy. Is England willing to shoot itself in the foot and risk its banking sector which brings in billions of dollars a year…”
How is England shooting itself in the foot, when the alternative is to sink with the EU?
you guys are looking at this way too rosely, this isnt a caveat this is mutual assured destruction. EU along with USA has the multinational power to make sure than England is treated as a pariah internationally. You can say..that wont happen…but that being blatantly foolish….as ive stated you are dealing with people who have no qualms creating internal tensions with the local populace to have a reassured voting block.
This won’t be the first time we have stood alone, won’t be the last most likely.
See what Ireland do when tax harmonisation kicks in and their main advantage disappears. Especially if the UK hits the skids. They are already losing many jobs due to the weak GBP. Take away tax advantages and they they are screwed big time. It will also coincide with them becoming a NET CONTRIBUTOR to the EU. So far they have been a net receiver.
Will they squeal, yes they will. Just listen.
Correct, but Ymere is right also. Until A50 is triggered there will be room for more doubt and division, especially as now it seems not in the current government’s hand to activate. He is cynical, you are positive on the end result, personally I dislike the complications that are being introduced, and so tend towards the cynical view.
10% Corp tax rate can do wonders as can reduced access to intelligence gathering – don’t under estimate that.
Some in Europe are very, very concerned the UK will turn off the intelligence tap. It will cost Europe dear in lives if the UK stops supplying them with the information it will take them many years to learn to glean for themselves. Some in Europe know this to be true.
Why should the UK be treated differently to the likes of Canada when we do a multiple of the value of the imports from the EU that Canada does?
The UK will look to onshore various from EU if need be via reduced tax rates and will apply reciprocal tariffs on the EU. Unpleasant for all but sobering for all too.
“Article 50 never gets triggered” Ditto here. It was the alternative plan all along.
Maximus Minimus said:
“When the older voting block has died off the younger votes will crucify the conservatives for decades.”
I guarantee you, you will never run out of old people. They are made every day, every year. You just gain years, indoctrination wears off, and you become a old and conservative.
The argument that EU will punish UK to scare off others from leaving is valid, but isn’t the EU as a prison argument valid by the same token.
The young have no idea of what it is for the country to run its own affairs. Easily led. Too trusting of foreign powers. They can’t even be arsed to vote.
“When the older voting block has died off the younger votes will crucify the conservatives for decades.”
To back up what Maximus Minimus said in reply to this, I know a few of the young voters who voted to remain in 1975 and they were all as oldies voting for Brexit in 2016.
Ron J said:
It is turning out that supposed democrats are the biggest enemies of democracy.
Ben, what I meant was external discipline will force reduction in the state. The UK has been unable to do so via internal discipline. This is going to hurt.
Plans for at least 100K people to March on High Court at rehearing.
This is how revolutions start. Slowly, then go out of control.
I know it sounds ridiculous but there is always the possibility some group takes the fight to Brussels via unpleasant actions if there is no Brexit. The IRA/INLA did it versus London for many years to get a settlement for Northern Ireland. There’s always a group of idiots somewhere.
No need to take it to Brussels, the error is in previous illegal government actions. This is admitted to and known by those who were involved, and the justice. Ultimately the judiciary should be guarantor of British law and sovereignty , it failed and is failing again as consequence, hence the protest.
March will be on Supreme Court, being organised now.
Yjmere, the City will be regulated and taxed to oblivion. It will be hit in the EU or on Brexit. This is a known known.
We will have to cope.
‘Yjmere, the City will be regulated and taxed to oblivion. It will be hit in the EU or on Brexit. This is a known known.
We will have to cope.’ – im not understanding this could you please rephrase or elaborate thanks
There will be the FTT and regulations on the City that will be applied to trade outside the EU from the City. This is to raise EU tax. It will go through the EU parliament by qualified majority voting. The UK will be unable to defend the City or its interests as most votes have no dependency on Financial Services. The UK very much does so.
Outside the UK loses immediate business but gets to protect & set it’s own rules for future business.
There are some City Grandees that are very pro-Brexit. Lloyds of London is against Brexit as are the large US banks.
Some EU banks are looking to increase London headcount as they can look out globally under future UK rules and not EU. ING just given a small headcount increase to start.
Remember, there are 6Bn+ people outside the EU. Life outside will be harder but that 6Bn+ are determined to become wealthier.
How are a % of the 6bln outside the EU going to do business with a country that clearly doesnt want them anywhere in there. You dont know this but unlike America, England detests foreigners with advanced degrees and simply pats them on their back and says goodbye once their have graduated. America wouldnt dear lose someone with a STEM degree or finance degree, thats near automatic citizenship in America. England will be a service sector for the foreseeable future and while yes i do think they should turn people away like hate spreading preachers, they throw the baby out with the bathwater and disallow foreigners who can grow their economy. I know many personally stories attesting to that fact
ymere, I live in the UK and my wife is a foreign national and with higher degree. Your’re talking crap.
UK is the closest country to being multicultural that actually works at that level, it has every reason to limit immigration to levels it can handle.
He keeps asking for money owed too as part of the refugee deal.
He is hitting out, not sure how much of it is to defend himself/distract country and how much is fresh ambition or legit. defence.
Brexit, as is everything, is all about the money. Humans are greedy parasites that cannot govern themselves. In keeping with mish’s tradition of linking an appropriate song, i offer, http://www.songlyrics.com/perry-farrell/pets-lyrics/
Civil war may be coming to the UK and the US at the same time.
I’d suggest people visit the best informed Brexit web site. Read the Market Solution; watch Flexcit the Movie, read the Monographs. The UK can leave the political EU, still participate in the Single Market (EEA) and have better control over EU immigration. It is called the Liechtenstein Solution. Leaving the EU is necessary step to gain influence at the global and regional bodies that formulate the regulations that get incorporated into the EEA treaty. As an EU member, our voice is not heard, out of the EU we can speak for ourselves and even initiate proposals for regulation, EU forbid!
Brexit was not about mainly about immigration. The main remain and leave campaigns were a joke and most people ignored the claims of both sides and just voted with their gut feeling. Once our younger generations are no longer subjected to EU propaganda in schools, they’ll adapt to the new normal. Leaving the EU does not mean co-operation stops.