News

High Court judgement a political not legal decision


Published Nov 03, 2016

gerard.jpgUKIP London MEP Gerard Batten who sits on the Civil Liberties, Justice and Home Affairs Committee of the European Parliament said, “This judgement is a political decision by part of the establishment that wants to thwart the will of the British people in the Referendum.

“Part of the reasoning of the Court is that triggering Article 50 “will inevitably effect the changing of domestic law”. However, this is precisely the argument for why they cannot make this ruling.  Treaties are merely agreements between governments.  The courts cannot rule on them until they become part of domestic law by means of Acts of Parliament.

“All previous treaties have been entered into and signed by British governments using the Royal Prerogative without a vote in Parliament first. Only when parts are incorporated into law by Act of Parliament does Parliament become involved, and the courts have jurisdiction over their application.

“This argument is clearly set out in a judgement of the House of Lords in the case of Rayner v Department of Trade and Industry (1990) 2 AC 418.  This judgement clearly states that the Government may repudiate or terminate a Treaty.

“Triggering Article 50 may indeed inevitably affect domestic law but until it does the courts have no jurisdiction.

“The Supreme Court meets on 7th December to confirm or set aside this decision.  If they confirm it they will be setting themselves against the democratic will of the electorate and will precipitate a constitutional crisis.  The outcome of which cannot be foreseen.”

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