Observer II Posted October 14, 2019 Report Share Posted October 14, 2019 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 ? Quote Link to comment Share on other sites More sharing options...
Evil Sid Posted October 14, 2019 Report Share Posted October 14, 2019 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.)👻 Quote Link to comment Share on other sites More sharing options...
Confused52 Posted October 14, 2019 Report Share Posted October 14, 2019 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. Quote Link to comment Share on other sites More sharing options...
Observer II Posted October 14, 2019 Author Report Share Posted October 14, 2019 Thought EU law trumps UK law whilst we're still in the EU ? Quote Link to comment Share on other sites More sharing options...
Confused52 Posted October 14, 2019 Report Share Posted October 14, 2019 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. Quote Link to comment Share on other sites More sharing options...
Observer II Posted October 16, 2019 Author Report Share Posted October 16, 2019 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. Quote Link to comment Share on other sites More sharing options...
Davy51 Posted October 16, 2019 Report Share Posted October 16, 2019 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. Quote Link to comment Share on other sites More sharing options...
Observer II Posted October 17, 2019 Author Report Share Posted October 17, 2019 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 . Quote Link to comment Share on other sites More sharing options...
Evil Sid Posted October 17, 2019 Report Share Posted October 17, 2019 As we are a member could we not veto it ourselves?...............🤔 1 Quote Link to comment Share on other sites More sharing options...
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