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Observer II

Benn Surrender Act ?

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Is the Benn(dover) "surrender" Act  unlawful ?     Seems it could contravene Article 51 of the Vienna Treaty on Treaties, signed by the UK,  which prevents coercion of a State Leader in negotiating international treaties.  Could this be the rabbit in the hat ?

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The operative word there is could.

Given that the scotish contingent are going all out for a peoples vote provided that they can have another referendum on freedom from the uk, even if there was a cop out clause then they will challenge it in every court they can think of.

The lib dems are stateing out and out that they will revoke the results of the brexit referendum and labour will back anybody who can get their leader into number ten by any means.

Be lucky if they have sorted out brexit by the time i draw my pension (if i live that long the way they keep moving the goalposts on when you are eligible.)👻

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5 hours ago, Observer II said:

Is the Benn(dover) "surrender" Act  unlawful ?     Seems it could contravene Article 51 of the Vienna Treaty on Treaties, signed by the UK,  which prevents coercion of a State Leader in negotiating international treaties.  Could this be the rabbit in the hat ?

In a word, no. The reason is that the Vienna treaty applies only to state actors; in our case the British government. The Benn Act is an Act of the sovereign Parliament of the UK, the procedural passing of which may not be challenged in the courts. The UK court has no power to consider that Act in the context of the Convention because the Convention is not part of UK law. The prohibition on the courts considering it is once again the Bill of Rights.

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6 minutes ago, Observer II said:

Thought EU law trumps UK law whilst we're still in the EU  ?

The Vienna Convention on Treaties is not EU law, it is an International Convention.

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Well, it's looking like Boris hasn't got a rabbit in his hat,  and will have to go begging for an extension - for what ?   Parliament won't agree any deal, no matter how good, won't allow a G/Election and now Swinson (EU funded) will be trying for "a peoples vote"  or revocation.  What a despicable shower they are.

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Surely, if Boris gets a deal which is then vetoed by the enemies of the state he will still have complied with the court ruling  & can be free to walk away with an unratified deal in place.

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If Parliament fails to ratify his deal on Saturday, I think the Benn(dover) Act kicks in, forcing  Boris to go back to Brussels cap in hand for an extension. It would take just one of the 27 EU States to veto an extension .

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