Peter Sutton Reading this article it is both good news and bad news.
Tobias Wallin’s – “Still in the Bank” helps witht the good feelings, and sth will happen!
The good news is that there may be another opportunity to get the illegal referendum result declared null and void on the grounds that it is wholly undemocratic.
Clearly if that happens it is a very short step for the court to declare that May’s decision to trigger article 50 on the basis of an illegal referendum result (which she has already admitted she did) was not reasonable and therefore article 50 must be withdrawn. RIP brexit.
The bad news however is that the judge in the original high court case was fully aware of all of this.
He knew May triggered article 50 based solely on the referendum result because that had been established in an earlier court case. He also knew that May was aware of the illegality when she triggered article 50 because she admitted as much (through her counsel) in his court. She said:
“I knew thepeole had to have a vote but, since that vote was only advisory on the government I saw no reason why that vote had to be fair.”
(It’s worth noting that at no time since 2016 has she ever acknowledged to the public that the vote was “advisory” even though that is the case in law.)
The only defence her councel put forward against the allegation of irrational behaviour was that the case was “out of time”.
In other words the time limit within which a case must be brought to court had been exceeded. Even though the reasons for exceeding the time limit were perfectly legitimate (the electoral commission need to complete investigations before any action could be taken) the judge found that the time limit issue trumped any other facts or arguments.
The claimants have been given permission (by the High Court) to seek leave to appeal which looks very much as though the original High Court judge simply kicked the can down the road by upholding the letter of the law rather than take responsibility for upholding the spirit of the law and seeing justice done. Effectively he has passed the responsibility to a higher court rather than have another Dail Mail “Enemy Of The People” headline, this time castigating him.
What a filthy, toxic mess brexit really is and Theresa May is 100% to blame!