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Old 11-12-2016, 13:05   #3130
martyh
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Re: Post-Brexit Thread

Quote:
Originally Posted by nomadking View Post
The Law courts are not democratic by any means. If the Judges based things purely on Law there would be no overturning of decisions, unanimous decisions where more than one Judge is used, eg Supreme Court, no arguments over "which side" a Judge is on when they are appointed. The list goes on.

If invoking Article 50 is invalid, then a whole host of other things connected to the EU are also invalid. What other things were agreed and approved by Parliament before the Treaties, Directives etc were signed?
The law courts are democratic they uphold the laws set by parliament ,the two are permanently linked

Overturning decisions made in law courts is based on new evidence/arguments not available previously, not based on 'whatever side the judge is on'

Nobody has ever suggested that invoking A50 is invalid ,the only argument is who invokes it ,does the PM have the authority? or is it solely in the domain of Parliament ?,the courts have ruled that Parliament is responsible because Parliament is the supreme authority.The reason why is because legislation will have to be removed from the statute books and new legislation introduced as a direct result of invoking A50 ,certainly not because of how the judges felt towards the EU