BREAKING: Supreme Court judge signals halt in Brexit *Gives a two-year window

By Editor on 15/11/2016

Share on facebook Yahoo mail icon Gmail icon

Views: 619


May

Britain will not be exiting the European Union (EU), at least not in that soon, as a set of laws are now coming into the open to stymie the plan, the product of a referendum, early this year.

The new twist is coming with a Supreme Court judge suggesting “comprehensive” legislation may be required to trigger process, potentially delaying the move for two years, Independent of UK, is reporting.

The quoted a “dramatic intervention,” where Lady Brenda Hale said a “simple Act of Parliament” may not be sufficient to start the process, arguing replacement of the 1972 Act that took Britain into the EU in the first place may be needed.

Theresa May has promised a ‘Great Repeal Bill’ to end the supremacy of that 1972 Act in UK law, but it will not even be brought forward until next May’s Queen’s Speech.

And, because it will first enshrine all existing EU law into British law, before unwanted parts are repealed – an enormously complex process - it may not be completed until 2019.

The Prime Minister has vowed to invoke the Article 50 notice by the end of March next year, with the aim of leaving the EU altogether within two years and no later than spring 2019.

To add to the controversy, Lady Hale is one of the 11 justices who will hear next month’s Government appeal to the Supreme Court for the right to bypass Parliament when it triggers Article 50.

 

brexit-high-court-4.jpg

Gina Miller, who brought the case in which the Government was defeated over Article 50, outside the High Court with her team... Getty


Her comments came in a speech delivered in Malaysia, in which she pointed out the “referendum was not legally binding on Parliament”.

Lady Hale explained how the High Court ruled against the Government on the grounds that it did not have the right to use the Royal Prerogative to invoke Article 50 alone.

She said: “The argument is that the European Communities Act 1972 grants rights to individuals and others which will automatically be lost if the Treaties cease to apply.

“Such a result, it is said, can only be achieved by an Act of Parliament.

“Another question is whether it would be enough for a simple Act of Parliament to authorise the government to give notice, or whether it would have to be a comprehensive replacement for the 1972 Act.”

It is the first time any senior person – let alone a Supreme Court judge, about to hear the crucial case – has raised the prospect that it may be legally impossible to kick-start the EU exit next year.

Lady Hale also confirmed that all 11 current serving justices will hear the case, because it is of “such fundamental constitutional importance”.

And she added: "But the case is destined for our court, so I must say no more."

Iain Duncan Smith reacted with fury to Lady Hale’s suggestion that it could be legally impossible to kick-start Brexit next year, because repeal of the 1972 Act may not be completed until 2019.

The former Cabinet minister told Sky News that the Supreme Court Deputy President had “always been opposed to Britain leaving EU” – predicting a “constitutional crisis” if such a ruling is made.

A Supreme Court spokesman said: “Lady Hale was simply presenting the arguments from both sides of the Article 50 appeal in an impartial way for an audience of law students, as part of a wider lecture on constitutional law.

“One of the questions raised in these proceedings is what form of legislation would be necessary for Parliament to be able to lawfully trigger Article 50, if the government loses its appeal.

"A number of politicians have raised the same question. Though it was not dealt with explicitly in the High Court judgment, it is not a new issue. In no way was Lady Hale offering a view on what the likely outcome might be.”

 

 

Source Independent (UK)

Posted on November, 15 2016

Share on facebook Yahoo mail icon Gmail icon


You may also like...
AAG: Dream team, Falcons falter in semis

Dasuki files fresh application, stalls trial *EFCC kicks,...

Rumble at Presidency: First Buhari's man set to...

NFF blows Eagles job open

Nigeria’s richest kidnap kingpin: I’m not a petty...

Nursing Mother, Serena returns to court in Abu...

'Justice for Ibori’: Police officer fired, amid moves...

I will name Buhari’s enemies posing as his...

Lawmaker labels Buhari's govt 'a failure' *Forget your...
Latest News BREAKING: At last, 2018 budget finds its way back to Villa Tuesday, May 29 is public holidays -FG I treated my deputy fairly like no other, no misunderstanding between us - Bauchi Governor Like in Senate, Police get back stolen Mace at Gombe state Assembly Hope rises on US, North Korea talks as Trump insists on June 12 meeting Rohr runs 'the rules' for Super Eagles ahead 2018 W/Cup In Asaba, Ritualists murder pregnant woman, cart away vital parts Doubles: Serena, Venus get French Open wildcards Bitcoin scam leaves many South Africans stranded amidst groaning Clampdown of PDP officials continues as former Kaduna Governor, Yero lands in EFCC net

 

Most Read BREAKING: Ronaldo, Messi, Neymar clinch final Ballon d'Or shortlist, Suarez snubbed (36,676 views) You must release Kanu, give us justice or we keep bombing – Gen. Ben (24,250 views) Seven 'killer' SARS officers arrested in Anambra for murder (22,032 views) I must redeem Ndigbo or die trying – Nwodo *We're quite uncomfortable in Nigeria (20,922 views) Biafra: I’ll lead negotiation with agitators – Okorie *Warns against force (13,994 views) Okorie to Buhari: Your gvt can’t be killing Ndigbo and offering B’Haram amnesty (13,309 views) BREAKING: Again DSS shuns court order, hedges on Kanu's release (12,335 views) BREAKING: Upset, as Ugwuanyi appoints Queen of 419 into cabinet (11,355 views) Catholic bishops to Mbaka: Your prophesies could be brain wave (10,385 views) Biafra: S’East governors, Ohanaeze to meet Buhari over Kanu (10,319 views)

 

News Appointments (154) Business (264) Crime (691) Economy (443) Education (168) Entertainment (100) Fashion and Style (7) General (271) Health (313) Inside Africa (237) Interviews (14) National (704) Politics (2136) Press Releases (3) Religion (141) Security (1162) Sports (1958) Technology (20) World News (429)

 

CBN banner advert

Chelsea Outdoor

Veleta banner

FRSC Officials vs Woman Driver on highway

 

 

Newsletters Subscribe to Whirl Wind News newsletters today and get breaking news and updates delivered to your mailbox!

Sign up

 

Advertisement