Thursday, 13 October 2016

Unionist will use Brexit shambles to argue against Indyref 2.

Plaid and the SNP in particular should be worried about the way that Brexit is developing into a shambles .

The Government  seems to be  arguing that  is arguing that article 50 is governed  but he royal prerogative is a body of customary authority, privilege, and immunity, recognised in common law and, sometimes, in civil law jurisdictions possessing a monarchy, as belonging to the sovereign alone.[

It is the means by which some of the executive powers of government, possessed by and vested in a monarch with regard to the process of governance of the state, are carried out. Individual prerogatives can be abolished by Parliament, although in the United Kingdom special procedure applies.


However acording to the Wikipedia entry 



Contrary to widespread belief, the royal prerogative is not constitutionally unlimited. In the Case of Proclamations (1611) during the reign of King James VI/I, English common law courts judges emphatically asserted that they possessed the right to determine the limits of the royal prerogative. Since the Glorious Revolution in 1688, which brought co-monarchs Queen Mary II and King William III to power, this interpretation of there being a separate and distinct power of the Judiciary has not been challenged by the Crown. It has been accepted that it is emphatically the province of the court(s) to say what the law is, or means. This is a crucial corollary and foundation to the concept of the judicial power; and its distinct and separate nature from the executive power possessed by the Crown itself, or its ministers.

Yes make clear reading doesn't it?

But it appears that the UK Government  argument is that the Referendum has given them and not Parliament as whole  the right to decide the nature and terms in Which Brexit is carried out.

So shouldn't the Ballot Paper have looked something like this



This at least would back the Governments claim that " The People have spoken" .

I still  accept that and I accept the result but that does not mean I or any of those who voted for Remain  or indeed those who voted for Leave  cannot express concerns on how the Government  is negotiating the Terms of how  Brexit is implicated.

We have a government who believe that it has total authority and are mandated by the people who are ironically  claiming Royal Prerogative   to carry this out without scrutiny.

I started by saying Plaid and the SNP in particular should be worried about this 

If there is another Scottish Independence Referendum the Unionists will hypocritically look at Brexit and declare that the complexity of the result of a YES vote means that a final vote will be needed to confirm Scotlands exit from the Union.

The SNP and other Independence campaigners should consider having a convention on how a YES  vote will be implemented  so this can be explained to the Scottish People before the Independence vote.

Plaid might well consider asking for an observer status so we can emulate this when our terms comes.



5 comments:

  1. The Scottish Government came up with a 600-page white paper last time around. They had a realistic timetable for the whole process - official independence in 18 months with a 10 year period to transfer anything complicated, like driver licensing.

    It's obvious in hindsight that the UK government had no planning in place for a Yes result either. Wonder if that part will be different next time.

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  2. Em, the concept of the Crown in parliament doesn't apply in Scottish Law.
    The Scottish People are Sovereign.
    That's why Scot's Law had to be kept separate at the Act of the Union,mainly because Soverenty comes from God and so can't ever be given up,so if that turns out not to be true,the same could be said for the Monarchy.
    So they didn't mess with it then and wouldn't dare try now,as too many people know that it could call into question the legitimacy of the Windsor's holding the position they do.
    Can't speak for Wale's as I am sadly ignorant of how the law operates there but in Scotland,the Sovereign will of the people already is paramount,so would not need to be specifically on the ballot.

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    1. Also there were two coronations. Elizabeth being crowned Queen of Scots with the the Scottish crown on the night before the english coronation. Two crowns on the one head, not a combined kingdom. Liz is quite correct the Scottish people are sovereign and parliament is bound to accept the will of Scots.
      Two can play the royal perogative game. Bye bye UK.

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  3. I'm indebted to the above com!ents I stil think that when Indyref 2 does come there will have to be clear timetables regarding Scotlands future especially if Brexit happens at the same time. The media are not going to be Scotland's friend and will use Brexit to clai that Scottish Independence will be more complex than it it is in reality.

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  4. I wouldnt worry glyn - i think the recent nauseating spectacle of theresa may boasting that no part of the uk had a veto on brexit and that the uk would be walking away from the single market as good as handed independence to scotland, just a matter now of the scottish government finalising plans for a second referendum (and the sooner they do so the better).

    As for wales well i fear the welsh signed their nation's death warrant on june 23rd, but i will be delighted if events prove me wrong.

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