withdrawing

Question 1

What do the gov have a democratic duty to do

Answer 1

give effect ti the decision of the electorate

Question 2

Where are the rules for exit set out

Answer 2

Art 50- the process is unprecedented and full of uncertainity

Question 3

Which Act and S authorised the referendum

Answer 3

S 1 European Union Referendum Act

Question 4

Result of referendum

Answer 4

33.5 M voters- 51.9% majority to leave

Question 5

Is referendum binding

Answer 5

no- due to parl sov- the result of the referendum is not binning because parl cannot be influenced by any external entities, even the demos. However, clear polictal will/ commitment to give effect to the rest of the referendum

Question 6

How is the withdrawal process further complicated?

Answer 6

EU rules govern the withdrawal of a member state

Question 7

What is Art 50?

Answer 7

the process which governs withdrawal from the EU- however any member state may choose to withdraw in accordance with their own constitutional requirements

Question 8

Who shall the member state notify of its intention to leave

Answer 8

the European Council

Question 9

When will the treaties cease to exist?

Answer 9

The data of entry into the withdrawal agreement or two years after notification

Question 10

What are the issues regarding if the involvement of parl is necessary

Answer 10

1) Who has the right to trigger art 50?
2) can the prerogative powers be used?
3) Must parl be consulted- is this a constitutional requirement?

Question 11

What is the opinion of Elliot G

Answer 11

that while a vote in parl is desirable it is not necessary

Question 12

Expand on Elliot

Answer 12

allows any grey areas to be discussed to eliminate any uncertainties
But ultimately the withdrawal and subsequent negations fall within the prerogative powers therefore, it would not be an arbitrary use of power as gov acting on the clear result of the referendum, also parl sov as they are the elected body so would not be an arbitrary use of power

Question 13

What is tuckers view on the triggering of Art 50

Answer 13

that art 50 can be invoked through S 2(2) ECA

Question 14

What does S 2(2) provide for

Answer 14

ECA transfers the power to embed rights acquired from the UK from a prerogative to a statutory basis

Question 15

De Keyser and Tucker’s view

Answer 15

prevents the gov from triggering exit from the EU w/o passing a secondary instrument which authorises the triggering of art 50. Argues that this will therefore allow for the necessary scrutiny of parl

Question 16

Why does Elliot disagree with Tucker

Answer 16

S 2(2) is only appropriate where there is no existing UK law in place, and, of course, there is the prerogative in place. Thus secondary legislation via Henry VII clause in S 2(2) is not the solution

Question 17

What us the view of Young

Answer 17

That parl are expected to be consulted- on issues of such constitutional importance parl should be consulted

Question 18

R (Miller) v SS E EU

Answer 18

Can the Uk use the prerogative powers to leave the EU? no- Supreme Court 8-3 majority dismissed the appeal (still uncertain)

Question 19

What is the implication of Miller

Answer 19

That an Act of Parl is required to authorise ministers to give notice of the decision of the UK withdrawing from the EU, so formal notice of Art 50 cannot be give through prerogative powers