I was recently asked to do an article for the Solicitors Journal which is a highly respected Legal magazine. The brief was to set out my views on Article 50 and on the situation. Also as George Osborne had just said the UK can invoke Article 50 when it feels it is best placed to, to comment on that suggestion and the Brexit situation overall.
Here is my article. What do you think?
BREXIT – THE EU AND UK LEGAL AND CONSTITUTIONAL PROCEDURES
There are two constitutional legal procedures required to put into effect the democratically expressed Will of the People to Brexit.
One is the external requirement, under EU constitutional law, of activating Article 50 of the Lisbon Treaty. Article 50 is simple to activate and it is entirely in the hands of the UK as a Member State to do so in accordance with UK constitutional arrangements. The “Royal Prerogative” gives that power to the Prime Minister.
Once Article 50 has been activated there is a compulsory 2 year period of negotiation managed by the EU Commission but if no agreement is reached, then the UK’s membership of the EU lapses automatically. (Bad luck Scotland, but nice try Nicola Sturgeon!).
The other constitutional procedure is internal. There must be a substantial repeal by the UK’s Westminster Parliament of the European Communities Act 1972 (perhaps with some saving provisions).
If Scotland held the threatened second Independence Referendum and voted to go, a third possibility would arise because if the UK, which is the EU Member State was dissolved then all parts of the former UK State would be automatically outside of the EU.
Over the course of the next few months up until mid-September we will witness the pattern of events revolve again around the machinations of the British Political elite. The critical political challenge for Brexit to actually occur is the Conservative Parliamentary Party’s decision as to which two contenders for leader will go onto the ballot for all Conservative Party members to vote on.
If Boris Johnson is on the ballot then it is a racing certainty that he will win the leadership and become the next Prime Minister.
If the plotters against him succeed in keeping him off the ballot paper, then it becomes doubtful as to who would win and it will then be still more doubtful as to what happens about Brexit. The future of the Conservative Party would then also have been put in doubt because all its Brexit voters will be absolutely furious and electorally unforgiving.
In the meanwhile, legislation based upon the EU has lost the privileged status which Lord Justice Laws gave it in his judgment against the Metric Martyrs in 2002. Laws LJ held that the Referendum in 1975 gave the People's democratic consent to the European Communities Act 1972 and thus conferred special status upon it as a constitutional statute. That consent has now been removed and with it the special status of all that strand of law!
Here is a link to the article which the Solicitors Journal wrote partly based upon my comments >>> http://www.solicitorsjournal.com/news/public/administrative-and-constitutional/26932/uk-decides-when-trigger-article-50-not-eu-say-le
The constitutional statute which you say has been removed re EU,does that mean on 31 March 2017 the QVM mechanism referred to reference article 50,would not then be enacted. Sorry about grammar
ReplyDeleteUnder the UNs Declaration of Rights For Indigenous Peoples and other rules we do not need to invoke Article 50 as some say it is full of traps and clauses.
ReplyDeleteWe should however revoke the European Communities Act 1972 making our Courts supreme again.
The sooner we start the better otherwise we will no other option than to sue for independence which will be messy.
David Lammy and others can have no right to deny us our right to self determination. The referendum result is legally binding under international law even if not under English law.
Francis
Francis. I am still not sure where my comments go and who does not post them or whether they are too long or somebody other than Robin is discarding them. I posted one yesterday which has not appeared, along with the previous two. Can't quite remember what I said except that the CIA might have another go at Trump as he threatens to bring the whole elitist one world system down.
DeleteAs regards England, I was speaking to somebody last night who told me that the English will be in a minority by 2050. I thought it was 2070. As I told them, I have no longer any emotional attachment to our erstwhile capital city. This probably persisted until we had become a minority there by the time of the 2011 census. When you look back to the War and Taffs, Jocks, Cockneys, Geordies and English from all over the land rubbing along together and now the Cockneys are gone it is hard to believe.
I don't care if London becomes independent and remains in the EU and suggest it be towed out to sea and anchored off the Belgian coast. We have lost it so we might as well let it look for pastures new.
As for the EU, there are some still trying to hold a second referendum and Ian Dunt of Politics Now said that there should be an election on the terms of our exit and then Labour would run on a return ticket. At least Teresa May has ruled out both. As my wife says, these youngsters are showing the bad parenting they received when if Mummy said no they screamed until she relented. This is exactly how they are behaving. However, a Yougov poll has shown that 58% are against a second referendum as opposed to 30% for. There was no second referendum in 1975 and those who lost did not expect it. They had to accept the will of the majority. But the Left as usual are weighing in with their bully boy tactics.
As I also said, the recent "hate crimes" have shown that under the surface there is a bubbling of anger about mass immigration and loss of identity which is only going to get worse as we move towards minority status. This is what is now happening in America where the milestone has been passed in respect of births and white babies are in a minority.
I learnt last night that the population density of Great Britain, let alone England, is four times that of Germany and twice that of France. The growth in population will continue even with a restriction in immigration as certain ethnic minority communities are having four times as many children as the natives. The population of Germany is falling as ours would have done - nothing wrong with that as the optimum GB population is 30m - but now Germany is letting in millions of young men from Arab nations who will outbreed them and provide the cheap labour they need.
Thanks for this. Yes many of my comments don't make it either. I have the same problem with Disqus.
DeleteI do agree with you regarding London, perhaps it's time to let it go but overall it voted 58-42 less than Scotland for Remain.
If we do partition London off then make life difficult for it and make it fail and then the minorities might get the hint that they aren't wanted.
I expect the US elections to get very nasty much worse than the Referendum which our elites have grudgingly accepted. Unfortunately Theresa May is not trust worthy. She will try to keep us in the EU or at least maintain the Freedom of Movement doctrine that caused our ethnic and racial displacement in the first place.
I see the Austrian Presidential Elections have been annulled following a Court ruling proving election fraud by the Left.
My guess is the FPO will now win and well see another In Out Referendum. I am hoping that the EU collapses and Trump becomes President.
The CIA controlled hidden government needs removing, after this time we may have to start removing hostile minorities by force. There's no other way now.
Francis
Francis, I have just been to my German language group and the dreaded Brexit surfaced. All well heeled they were horrified at the result. I kept quiet until I found an ally, a lady from Hartlepool who explained why people there had voted Brexit. She then went on to explain that her friends in Denmark were proud of us and that she was in a café in Germany where people clapped when she said they should get the mark back. I said that this is the end of globalism/globalisation and it is potentially going to be very bloody.
DeleteAnon above. The Germans like us are divided on the issue of Brexit and leaving the EU.
DeleteThe so called middle classes in Germany are the same as our middle classes - self loathing, Guilt ridden pro immigration multicultural cucks.
The working class Germans are like the English working classes patriotic, anti immigration, oppose cultural Marxism. We have gained more friends on the continent than we have lost.
It is only a matter of time before Germany and France hold their own IN/OUT Referendum. Holland, Denmark and Hungary are next to go.
The only problem we have now is being allowed to leave the Marxist organisation. Apparently the other member states have to agree the final Article 50 separation terms.
Francis
CHUTZPAH= Unmitigated effrontery.
ReplyDeleteEFFRONTERY= SHAMELESS impudence.
In the article previous to this one,namely 'Leave Wins(England Votes-----so on! I provided a comment which included a recommendation for a video on YouTube which is now going VIRAL such is the quality and incendiary disclosures therein.
The pivotal part of that video concerns the disclosure that the 'Merkel Plan' to invite ALL "refugees",Syrian and otherwise into Germany/Europe was at source a plan organised and financed by GEORGE SOROS!
Post the Referendum vote and the victory for Leave/Brexit,both Nigel Farage and David Cameron blamed Merkel and HER open door invite to over one million migrants(Breaking Point!) as the main reason for the Brexit victory.To follow Farage and Cameron,we have George Soros of all people, also blaming Merkel's open door policy for Brexit winning!See the Daily Mail article titled-'Merkel's open door policy has brought chaos to Europe claims George Soros----Thurs 29th June 2016.How's that for chutzpah!!-??
Here we have the real,actual factual person and puppeteer behind the invasion of Europe,blaming the puppet who's strings HE is pulling,namely Merkal and getting away with it, by virtue of the complicity of the MSM Daily Mail.
It is the effrontery,the SHAMELESSNESS of George Soros and his guilt free hubris that threatens the survival of every nation in Europe that gets to me.
I think it's time the nations of Europe challenge this anti-gentile hypocrite head on! I know I personally will put extra effort in to exposing this self evident enemy of the Nation States of Europe. I+E Nationalist.
Had heard that Soros was in Syria arranging mass exodus into Europe for his own ends.
DeleteFormer head of NATO, General Breedlove, who wanted a nuclear war against Russia and is nicknamed Dr Strangelove and is as nutty as a fruitcake, said that it was Russia and the Syrian government who were weaponising the refugees. Perhaps Georgie Boy told him to say that. Just seen a lady with a niqab on the tills in our local Morrison's far away from the multicultural homelands so the "refugees" are already seeping in. And apparently a huge mosque is planned for Carlisle where there are few Muslims and they have plans for 10,000 homes there so presumably these are for the refugees, complete with mosque! This is the final battle between good and evil and as Infowars has said, between globalism and nationalism.
DeleteI watched Ken Livingstone and George Galloway on Russia Today. Post Brexit - although I know that Galloway was pro-Brexit - they were congratulating themselves on being closer to the working class voter base than the Blairites. I see that that toal psycho Blair thinks he should head the exit negotiations and is suggesting that the result of the referendum could be "walked back". Isn't he still an advisor for Goldman Sachs which means he is another of their mouthpieces? Can't wait for Wednesday when he is clapped in irons if there is any justice in the world, which there probably isn't. Galloway said that the Blairites think that Swarfega is a type of fancy foreign food.
ReplyDeleteHowever, Marxist Livingstone showed that he is as distant from native English (and Welsh!) working class voter base as those he derided. He said there was no racism in the Labour Party. Unfortunately, this may not be the case for the voters and he showed that he is still living in the remote Labour Westminster London bubble. He then said that he would not talk to Nigel Farage and laughed. He obviously hasn't picked up the fact that hundreds of thousands of Labour voters have dropped Labour and switched to blue UKIP because they never did want his Marxist multicultural England. In some ways I quite like Red Ken but he needs to get out more, i.e. out of "cosmopolitan" London, preferably making a trip to Sunderland.
We English are piggy in the middle. The muslims and Jews just pass the levers of power to each other to ensure that we never get it
DeleteThe Marxists who want Islamic jihad in our countries would rather see power given to neocon Israeli controlled Capitalists than the natives any day. The converse is also true with neocon Capitalists handing power over to Marxists before the natives.
The sooner we beat this system the better.
Francis
I see Article 50 can be invoked without Parliamentary approval. This will annoy the Remainiacs.
ReplyDeletehttp://www.express.co.uk/news/uk/686598/Remain-hopes-dashed-Article-50-does-NOT-need-Commons-approval-EU-exit-lawyers
Francis
2016 is going to prove a pivotal year from the looks of it when people finally get their revenge against the New World Order elites. As my Jehovah's Witness friend says, it is in the Bible, the revolt of the slaves against the elites. I really don't think they will let Trump become president so they will either rig the result for Hillary or have another attempt to bump him off. Somebody has sent me a video about the fact that he is secretly working for the elites and that they did the Brexit as part of their plan as well. I didn't watch it as I don't want to think that they outsmart us at every turn.
ReplyDeleteAnother key date for your diary, after today 6th July, is October 2nd when there is not only a re-run of the Austrian presidential election but the referendum in Hungary about accepting an EU imposed refugee quota. In polls 77% are against.
So the Empire - the Austro-Hungarian Empire - might strike back on that date. Despite George Soros's greatest efforts the house of cards might be beginning to collapse. And if - post Chilcot - the war in Syria is ended and all Muslims countries as Trump intends - then the Muslims can go home from Europe before we have major bloodshed. Already mounting Islamophobia is pointing us in that direction.
Judging by the reaction of the elites to the BREXIT vote I don't know think they wanted Leave to win under any circumstances. They may try to mend fences with us now that the pendulum is swinging our way for a change but that is all. They want to buy influence within our movements and some will give into temptation.
DeleteLikewise Trump may be having secret meetings with the elites but this is possibly for mutual benefit. I do believe that should Trump be denied victory in the US Presidential Elections there will be hell. The white Yanks are now beyond their breaking point. Any attempt to murder Trump will be viewed with suspicions and probably lead to a full blown race war.
I expect angry white males to be the victors in any future conflict. Cultural Marxism will no longer be tolerated.
End times indeed and Jesus will return not as a broker a Peace but a war leader against the Luciferian ruling elites.
Francis
Francis, the demonstrations in Baton Rouge, after a black man was pinned to the ground and shot dead by white police officers, has shown that the pluralist dream will never succeed. I see that the Head of the FBI has been hauled before Republican senators to explain why he has let Hillary off the hook. Meanwhile, the Attorney General, Loretta Lynch, said yesterday that she is not going to press charges. This is undoubtedly after hubby Bill paid her a visit and told her her career would be finished if she did.
DeleteBlair is finished, too and the next of kin of the war dead are baying for blood. Former British ambassador Sir Geoffrey Greenstock has said that American (probably Zionist) neocons pushed Britain into war too soon in Iraq. The Americans are not going to have their own Chilcot Inquiry. So they have hung Blair out to dry. Gradually countries are beginning to realise, as Turkey is, that, as the Native Americans used to say, "white man speaks with forked tongue". Those ruling America always have for the last 200 years and always will.
Turkey is suffering ISIL's wrath and has made it up with Russia. There is even talk of Erdogan trying to find an accommodation with Assad. He has backed ISIL for the Yanks and lost. The findings of the Chilcot Inquiry and the Americans' response will now affect the way that other countries deal with her. If Trump is true to his word then he will join with Putin and Assad to seek peace in Syria.
The thing that really upset the n.o.k. was that Blair said he would do it again tomorrow. He seems to have been besotted with George W. or thought he could bask in reflected glory. He is just plain stupid and yes, probably another sociopath.
The EU has said that they are sure that we will not leave but just find another way of staying in the EU. I don't like Teresa May but was pleased when she said, with regard to Kenneth Clarke's comments about her, that she can be bloody difficult and intends being so with Jean Claude Juncker.
I feel sorry for all blacks. They are just used for the ends of others most of the time. I cannot understand why they do not now head for post Apartheid South Africa and try to build up the nation and have a nice life back in the sun. However, as the trial of Pretorius has shown, rich whites still have control there. The black judge could do little when she came up against their money. It is all very sad but this is the best solution I can find the to the failed Marxist doctrine of multiculturalism and the crisis of pluralism. And yes it is white males. Men are made to defend their families against those hostile to them. Women seem to be more inclusive and their aim seems to be to reproduce and not look too closely at who is going to inseminate them.
Take Note! I had almost completed a controversial comment regarding a news report in todays papers concerning an incident in Plymouth, when the comment was erased in real time in front of me. Previous commentators have expressed concerns as to the fate of their comments.My experience today argues that this site,like others no doubt,are being policed-monitored and interfered with in real time by persons and organisations keen to control the governing narrative.This level of interference holds grave consequences for our future ability to fight our corner.
ReplyDeleteThis is interesting. Sir Geoffrey Greenstock said that the United Kingdom was rushed into the War in Iraq by the United States, no doubt with the agreement or involvement of Israel. This leads me to conclude that, as is common knowledge in the Labour Party, Robin Cooke's demise was not due to natural causes but was a CIA hit job. And my wife spoke to the ambulance personnel who found David Kelly who said that in no way was it suicide. I suspect the hand of the CIA again. Our police are only doing Washington's bidding as are those sending our troops to Poland to counter a non-existent Russian threat. Merkel has said two contradictory things on the NATO exercise, is one what she is meant to say and another what she is choosing to say.
DeleteStill, there is good news, the FBI are to re-examine Hillary and the e-mail leaks. America as a democracy is a joke as the attorney general is a Democrat and cannot upset the presidential race apple cart by having Hillary impeached. American "democracy" is thoroughly corrupt.
Two recent events have had me puzzled. Firstly, Trump and the Star of David, Crooked Hillary and the pile of cash. Is Trump really behind it and if so then is he really being so brave as to reveal the Rothschild hegemony? Or is it the work of the CIA to smear him? The other is the shooting in Dallas, why should probably white snipers kill white police officers? Or is it our friends from the CIA again aiming at "white supremacists".