Brexit: Legally and constitutionally, what now?
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- เผยแพร่เมื่อ 28 ส.ค. 2024
- In the early hours of 24 June 2016, the result of the UK referendum on EU membership was announced. By a narrow but clear majority the vote was to leave the European Union.
This result has begun a chain of seismic political consequences in the UK and the EU, and will have widespread implications for the law and constitution in the UK.
In this video, Mark Elliott assess the immediate impact of the result.
Professor Elliott has also written a blog post available at: publiclawforev...
For more information about Professor Elliott, please refer to his profile at www.law.cam.ac....
Law in Focus is a collection of short videos featuring academics from the University of Cambridge Faculty of Law, addressing legal issues in current affairs and the news. These issues are examples of the many which challenge researchers and students studying undergraduate and postgraduate law at the Faculty.
Factual, true to the core and the result is not binding! Brilliant explanation of reality and truth!
***** Keep barking! Any result without any set rules and clear agenda explained to the public is not democratic and is null and void!
***** We will see! The Court cases are coming up and Government's own lawyers are asking for a debate in the parliament!
***** And also who will suffer in few years time, the idiots who voted for a brexit, especially the ones up North! Final!
***** I will put my last dollar on that if all the Eastern Europeans went home, the brit chavs will not take those cleaning jobs!
And the non EU refugees will benefit from the handouts under the asylum rules!
***** It is not possible to have a logical conversation with you! Yes, english oldies do these jobs. Try putting the unemployed chavs on these jobs, they will be gone before lunchtime!
Look at Germany about what?
Whats wrong with EU making laws. Every law can be VETO'ed by Britain. Ask you British government why they didnt VETO peoples laws they dont like. Dont blame the EU.
Don't you think it is completely impractical for Scotland to adopt the euro and take on large debt as a new nation, while their largest commodity falls in price? That makes it so economically unviable many would suffer. Who would fund their universities?
i see personally, and no disrespect too snp in scotland, that the minority scottish government has a mandate- since the elections in may 2016, maybe if it were too be a "scottish parliment vote first" as scotland has a minority snp government, of course scottish people voted too remain, so did gibraltar,london and northern ireland.... they should be entitled too go too brussels now for any talks...
it is not only impractical for the UK regions too be some in some out, but at the present, the Euro currency is in a recession, not only has scotland got low oil prices, massive debts, there would lead too higher taxes and of course the UK money being lost,, at the moment the debate is on health care and housing and futher education being funded- without raising taxes- in the event of UK exit, scotland would be even further into debt, without necessary funding too survive, unless it would be as a "moldovan or ukraine the poorest countries in europe model", a $scottish dollar= or something simmilar being worthless...
as for northern ireland having a referendum too join rep of ireland, that too would have many problems, not just religion-currency and massive debts, but possibly social disorder,riots or worse on the streets..
wales, as proposed by some in plaid cymru, that is my home country, would be insanse, even too mention independence as part of the eu, of course funding for the valleys is the first casualty on euexit, but imagine the debts that would occur on a UK exit, unlike in scotland, wales has no oil or natural resources *coal-steel maybe included in small amounts, wales, would probably "poorer than a african country like rwanda", with massive debts, something like a $welsh dollar or £welsh pound= completly worthless, having thousands against the english pound sterling... this is being optimisic...
it would be better for the UK and Welsh government, too agree on a federal UK written constitution, even more powers devolved, brodcasting,judicary, media,press demand for "UK reform is urgent, now we are leaving the EU"..
+jardon Jones The EU wil not entertain breakaway regions of any country being given membership of the EU under any circumstances because both France and Spain will veto it. They both have potential breakaway regions themselves (Spain has Catalonia and the Basque country, and France has Corsica) so the whole thing is academic which is why Nicola Sturgeon was sent packing last week with a flea in her ear.
yes ariadne i agree, france and spain, with their own diverse regions would go mad with rage, if scotland were too be treated differently too the rest of the UK...
i think nicola sturgeon was not sent packing, just reminded that , the situation is complex and rules are not too be broken, but she wanted more maybe for scotland issues post brexit too, not just for what was reported in the "english gutter press", the same situation is in gibraltar,wales and northern ireland who voted too remain, their situations are diverse...
each UK region,sending their representitves- having different issues too take too the EU, as the UK until article 50 is enacted ,is a member...
of course any EU state can veto any decision, therfore it would be impossible or unlikely scotland becoming a new EU member, it is more likely that the UK regions including london-in their complex differences, would want too discuss and have dialogue with the EU, over a range of matters...
everything from border fences in northern ireland too subsides in wales, fishing taxes in scotland, border disputes in gibraltar, the list is endless...
Jardon, absolutely spot on!
Yes I do. And why would they want to if they're about to get their fishing industry, and lots of associated industries, back? It would be dogmatic and self defeating.
Well done, UK
maybe there will be referendums right across the EU, for different issues, in netherlands,denmark,france and elswhere... until the EU adresses is fundemental flaws....
Shame on them. The first shot has already been fired. Over 48hrs now and still perambulate over this. Two years is too long a time to be held in uncertainty.
We are a nation full of smart brains and i am highly optimistic like the rest of the 17 million who voted out, that we will be fine. Every changes comes with uncertainty - and with time the end story will be positive. I am not worried at all.
Actually, no. The UK, like every nation of the world, is full of *average* brains---as the vote demonstrated. Your economy will, however, eventually recover part of the ground it has lost.
Unfortunately, referendums can only come to an average IQ solution. There is no mechanism in a referendum that gives greater weight to those better informed (whichever side that is on). The reason (hopefully) we elect representatives is because hopefully they are in a better position to be fully informed and aware of both sides of an argument, informed and led by specialists in these significant important issues. Debates in pubs and papers is no substitute for proper informed dissent and discussion in parliament and the sooner we as a nation realise the fallacy that referendums are somehow more democratic or better than parliament at reaching intelligent, viable and informed decisions the better. Let's hope this is the last referendum we ever have.
Oh really!!!! Just wishful thinking on your part my friend. In any vote one side wins while the other side loses. That is life. But sadly in our modern education system nobody learns to accept failure or loss. Everyone must have prizes is the motto, so when finally they go out into the harsh cruel world and defeat hits them in the face it comes as a shock. Just get over it and stop whining.
Big Mike ""Debates in pubs and papers is no substitute for proper informed dissent and discussion in parliament ..."
All the evidence suggests you are right. Unfortunately, the *simpler* an individual's take on a complex issue, the greater their conviction of "rightness". This disaster is more a reflection of psychology, education, and demographics than of IQ per se.
The Act itself does not say that it is advisory. At no point did ministers in their public statements either to Parliament or outside say that the referendum result would only be advisory. On the contrary, they repeatedly said that the referendum would allow the British people to decide the question
The Conservative General Election Manifesto of 2015 promised a referendum on membership of the EU in the following terms:
“We believe in letting the people decide: so we will hold an in-out referendum on our membership of the EU before the end of 2017.”
It should be noted that the election promise was to “let the people decide”. It was not a promise to hold an advisory referendum, with the final decision being left to Parliament. Nor was there any mention of minimum thresholds of percentage of vote or of turnout before the referendum would be binding. Therefore the British people were given a politically and constitutionally binding promise in the election manifesto of the successful party that they would be given the final and deciding say in a referendum in which the majority would prevail.
As a matter of constitutional practice, the inclusion of a policy in the election manifesto of a political party which achieves a majority at a general election gives rise to a constitutional mandate to implement that policy.
whatever will be will be, if you voted remain or leave, now is the time for dialogue, with all the UK, maybe even a written consitution and genuine going too the people- about their concerns, not hysterics or endless propaganda...
there should not be a second referndum, i voted remain, or a parlimentary vote, if this is democracy then so be it,,, if it means the end of the UK, people voted for it... if it means the economy will be worse off , so be it..., okay foreign criminals will be thrown out, UK courts can not be overulled.... but all of these are dependent on "free movement of people and trade with the EU and the rest of the world", even experts from cambridge university or many proffesors, are unsure about the economy- it was after all the only remain trump card...
as for the aims of vote leave, they now seem too be over the top and exagarated too say the least , £350million membership fee ,is a drop in the ocean for something like norway in efta- of paying too be part of the singe market, without influencing anything and maybe paying more, and having too compromise on the "free movement of people and trade- almost would be like going backwards too their rules", the british public would be up in arms....
now others say, that post brexit, that the UK can trade with anyone at anytime, too make the UK great again, okay tourism as the £ goes down the drain, will increase, maybe exports too will, but in the longterm it is more uncertainty, ask the experts not me,,,,, up too 10-15 or even 20 years if you compare us too switzerland, others scream and shout, the UK is far larger, far more prosperous and not too worry or panic, it will "demand, punch the EU in the face" scream and shout, even send the "gunboats in too get trade deals" if only we were the british empire, but that finished many years ago...
in the 43 years the commenwealth has long moved on, it would take some "miracle or magic" too get it too trade in any pre 1967-1973 scenario too the UK... its a nice ideal, but just that... we have too be realistic now, and that is that even after the 2 years, it is very very unlikely too get anything like the trade deals we want, ask gisela stuart of the vote leave or borris jonson and his experts, the outcome is after the brexit, even more uncertainty...
many people could say, "you were told so, by the experts,the bankers,the media,the politicans", but without overlooking the chronic challanges of immigration and soverignty, vote remain were too say the least naive too the point of being in denial about any of this,....some would say "high on drugs, right up the bankers assess"...
do not think nigel farage or borris johnson are the saviours of the UK, one is a failed former mayor of london, that despite being popular, could not "reduce london's rental or housing problems", the other is a spokesperson for himself only, a grandstanding politician that has never been elected anywhere, he rallies against the EU-corruption and transparency and millions listen, while ignoring his own, and the UK "dissinfranchized 25million who could not be bothered too vote, the under 18's who can not vote, the corrupt and greasy house of lords and dire electoral reform, the UK has a list along as its arm, of challanges just too stay together, well before , we even had a referndum, "dogey dave was never popular, full of nonsense, taking the credit for everything from the economy-low unemployment, totally ignoring the coalition years before..."
so now the brexit is imment, we are calling on someone,we all hope to god, they have a plan, many plans, too keep the UK together, and reform it, too prosper and trade with the world, otherwise, we are totally screwed over for generations too come, project fear has long gone,
now its project farce ( ask me tomorrow, i am not sure, i am uncertain, maybe, i have no idea should have been the slogans) regardless of the true nature, too reform, we all agree on that, deporting foreign criminals, uk courts being supreme, the ingtegrity of the UK, the sovernighty of the UK, unresticted travel and trade, transparency and civil rights ,press freedom...the list goes on, maybe on common ground,(leave & remain suppporters) too go forward,,,,
Spot on Jardon!
thankyou, was my UK rant...
i hope some politican somewhere, has a idea of how too go forward....
I can see why UK wanted to leave... EU dragging down their own economy and jobs market... The UK people think they can do better with less money put in... I think so too but the wheels turn slow..
the EU, for all its lack of transparency and corruption was not all mad and bad for the UK, economically it was stable, paying a high membership fee not £350 million a month, trading with a market of over 500 million is not insane....
the EU was not dragging anyone down, as the UK was not in the EURO too start with or the schengen agreement without borderless travel, the jobs market too is a two way street- uk citizens living and working for 43 years all over the EU, and many EU migrants paying taxes in the UK for that time...
where the EU spectaculary failed is on immigration and the issue that is not just unique too the UK, (migrant benefits-uncontrolled migration, the sense of no democracy or representation, even though mep's were elected there, even if no one knew their names, or even what the EU was all about... it was a "collective talking shop, in the words of winston churchill, a european project too unite europe, a noble idea from the 1950's, also as mentioned by vote leave: gisela stuart..
of course succesive Eu bailouts, the sense of the UK being overwhelmed by migrants not just from the EU, but elsewhere too, over a period of more than 20 years, the british have never really taken too the EU project, as the germans or others have, always thinking it was mad, corrupt,bad or at worse scum of the earth, full of foreigners etc...
but even one or two consumer laws, regulations on safety etc...were seen as a joke here, now that brexit is imment, we all hope there is not a "endless bonfire of all the UK-EU regulations", as not all are mad & bad, many protect workers,trade unions, the environment etc..."
on the economy too, there is as much uncertainty now as ever, we all hope after 2 years will be paradise, but dont be deluded, tourism and exports maybe the upside, job losses and imports maybe the downside, possible deflation or inflation, project fear has now become project farce, virtually no one believes any experts, or has any detailed plan, we all hope too god the new PM does..., otherwise the UK could be uncertain for up too 10years or more...
Legally and constitutionally, we leave the EU. The Government delegated this decision to the people of the UK. There is no choice. This is not some academic debate for overqualified nerds with nothing better to do than pick a fight with the British people. You can bang on about legalities till the cows come home. The people who won this referendum will stand for nothing less than leaving the EU. Or else.