“Colin Honnor | July 4, 2016 at 8:54 am
This ignores the European Communities Act 1972 which will have to be repealed by vote of Parliament before that Art 50 can be invoked.
Is it a Prerogative power that triggers Art 50?
No since case law shows that this would be tyranny by the Executive against the legislature and the problem of prior repeal of ECA by vote of a largely Remain Commons, which will exercise condtitutional lawyers for some time, remains!”
Article 50 of the Treaty on European Union (TEU) is the red button for the nuclear option of withdrawal from the EU, and in its design, it was never really, truly envisioned to be pressed. Without testing, and without precedent, we are left with no idea of the potential fallout of pressing that red button. Compared to the quasi-constitutionism of Article 2 TEU evoking the values ‘common to the Member States’ of ‘pluralism, non-discrimination, tolerance, justice, solidarity and equality between men and women’; or the brutal legalism of Title VII of the Treaty of the Functioning of the European Union (TFEU) on competition, tax and the approximation of laws; Article 50 TEU is anaemic. It is, essentially, a button triggering a countdown clock, which is on a comparable level of advancement to the 1980s floppy disk.
The two-year countdown
Triggering Article 50 TEU will begin a two-year…
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