Brexit win - 11 threads into one

[jamesbrown]

such a law would mean the UK was not in the EU

Absolutely wrong. We would simply be in breach of our membership. The primacy of EU law is observed in the founding treaties. The primacy of UK law is asserted via the mechanism through which these treaties are enacted into our own laws (the EC Act 1972). Repealing the latter would lead to a direct conflict between the British judiciary and the founding treaties, but it would not result in our automatic expulsion, only that UK law was reinstated as primary over EU law. Moreover, repealing the Act does not repeal everything from the EU that we've embedded into our own laws over the last 40 years. It's important to understand that the EC Act is just a mechanism, and that EU law is always transposed into UK law (except for regulations etc., which is part of the problem).

[dx4100]

Absolutely wrong. We would simply be in breach of our membership. The primacy of EU law is observed in the founding treaties. The primacy of UK law is asserted via the mechanism through which these treaties are enacted into our own laws (the EC Act 1972). Repealing the latter would lead to a direct conflict between the British judiciary and the founding treaties, but it would not result in our automatic expulsion, only that UK law was reinstated as primary over EU law. Moreover, repealing the Act does not repeal everything from the EU that we've embedded into our own laws over the last 40 years. It's important to understand that the EC Act is just a mechanism, and that EU law is always transposed into UK law (except for regulations etc., which is part of the problem).

Its all bulltulip isn't it...

PM of the day stands up, tells the EU to **** off, and thats it... We are out...

What can they do about it ? nothing....

[scooterscot]

Its all bulltulip isn't it...

PM of the day stands up, tells the EU to **** off, and thats it... We are out...

What can they do about it ? nothing....

Spot on. Boxing ourselves into a corner.

[Old Greg]

Its all bulltulip isn't it...

PM of the day stands up, tells the EU to **** off, and thats it... We are out...

What can they do about it ? nothing....

Not quite. Parliament does this, not the PM. Otherwise it is quite correct, both in legal terms and practically.

[jamesbrown]

Its all bulltulip isn't it...

PM of the day stands up, tells the EU to **** off, and thats it... We are out...

What can they do about it ? nothing....

If you're going to have a discussion about the minutiae of sovereignty, it's better to be accurate on the verifiable assertions.

[Old Greg]

Absolutely wrong. We would simply be in breach of our membership. The primacy of EU law is observed in the founding treaties. The primacy of UK law is asserted via the mechanism through which these treaties are enacted into our own laws (the EC Act 1972). Repealing the latter would lead to a direct conflict between the British judiciary and the founding treaties, but it would not result in our automatic expulsion, only that UK law was reinstated as primary over EU law. Moreover, repealing the Act does not repeal everything from the EU that we've embedded into our own laws over the last 40 years. It's important to understand that the EC Act is just a mechanism, and that EU law is always transposed into UK law (except for regulations etc., which is part of the problem).

Whichever EU laws are transposed into UK laws, the UK Parliament can change all laws, as inconvenient as that may be if you want to pretend that this isn't the case to suit the political argument you wish to make.

[jamesbrown]

Whichever EU laws are transposed into UK laws, the UK Parliament can change all laws, as inconvenient as that may be if you want to pretend that this isn't the case to suit the political argument you wish to make.

Pardon? I think you're arguing against a point that I'm not making. I'm simply pointing out that you are factually incorrect on the details. This tends to be quite important in discussions about details.

[Old Greg]

Pardon? I think you're arguing against a point that I'm not making. I'm simply pointing out that you are factually incorrect on the details. This tends to be quite important in discussions about details.

Are you getting all sad now?

[jamesbrown]

Are you getting all sad now?

[Old Greg]

So we're in agreement that the UK Parliament has the powers to leave the EU at any time, with or without the EU's consent.

Why would we vote Leave now, when even Nigel Farage admits he has 'absolutely no idea' what will happen if Britain leaves the EU?