EU referendum: government faces legal action over Brexit decision
Source: Guardian
A prominent law firm is taking pre-emptive legal action against the government, following the EU referendum result, to try to ensure article 50 is not triggered without an act of parliament.
Acting on behalf of an anonymous group of clients, solicitors at Mishcon de Reya have been in contact with government lawyers to seek assurances over the process, and plan to pursue it through the courts if they are not satisfied. The law firm has retained the services of senior constitutional barristers, including Lord Pannick QC and Rhodri Thompson QC.
Their initiative relies upon the ambiguous wording of article 50 of the Treaty on European Union, which sets out how states could leave the EU. The first clause declares: Any member state may decide to withdraw from the Union in accordance with its own constitutional requirements.
One of the grounds of a likely challenge to the referendum is that it is merely advisory and the royal prerogative cannot be used to undermine parliamentary statute.
Read more: https://www.theguardian.com/law/2016/jul/03/parliament-must-decide-whether-or-not-to-leave-the-eu-say-lawyers
Helen Borg
(3,963 posts)If rich establishment bastards are fighting to stay in, then...
iandhr
(6,852 posts)AntiBank
(1,339 posts)Top 25 in the UK easy
Mishcon de Reya handled Princess Diana's divorce.
I have been really swaying to "I don't think this is going to happen unless Parliament votes camp"
pampango
(24,692 posts)the next prime minister all support Brexit, so it would be surprising if parliament went against the recent referendum. Although if parliament rebuked the new prime minister it would be nice to see the Conservative Party implode a little.
Now if they were to call a new general election (quite unlikely since the Conservatives don't have to - why take the chance) and Labour ran on a Remain platform and won (unlikely given Labour's lack of success in recent elections), then that would be a different story.
I don't think there will be a different story.
Turborama
(22,109 posts)She's a Thatcher wannabe but at least there's a teeny weeny glimmer of hope in the remain side of things.
pampango
(24,692 posts)Why isn't she?
seabeckind
(1,957 posts)What does that remind me of???
Oh yeah....
TPP.
What is it when corporations control the actions of gov't?
This is to make sure constitutional aw is followed.