Application for a Judicial Review by Sue Wilson and others.
It is excellent news that the judge reviewing Sue Wilson’s application has laid down some solid markers for a response from the government.
There is still a long way to go and even with expedited proceedings Sue Wilson’s team don’t anticipate a hearing on the facts of the case until October – a crunch month for many reasons.
Whoever wins/loses that hearing will probably appeal the decision to the Appeal/Supreme Court pushing a final decision into the New Year
A judicial review is about determining whether the required process has been followed. It will not change the political direction of travel.
An example is our challenge to the government on whether it was entitled to use archaic “Royal Prerogative” provisions. That was all about ensuring process was followed correctly.
Despite the success of that judicial review, which forced the government to obtain authorisation from the UK’s Parliament to notify the EU of the UK’s intention to leave the EU, it did not change the course of Brexit.
The need for the political will to change the course the UK is taking.
The reason that our win in the Supreme Court did not alter the course the UK is taking is that there was a. no political will to challenge the referendum decision and b. the major pro-EU political groupings were caught completely “flat-footed” by the Supreme Court decision.
In the end the government proposed and the UK’s Parliament passed a very short Act.
Brexit is a political decision even though it is underpinned by a number of legal processes.
Changing the course that the UK is taking requires that the UK’s Parliament makes a political decision.
A “People’s Vote” will require that the UK’s Parliament legislates for a third referendum and sets the terms and conditions, something that many forget when espousing that “the decision on the final Brexit deal must not rest with a few hundred politicians in Westminster”. It does no good to denigrate the very people who you are reliant on to deliver what you wish for.
Will one of the national campaign groups step up to the mark and be the first to put the “big egos” to one side and unravel the “confused messaging” to take the lead with a clear message and an inclusive stance on how to achieve What is Best for the UK?
Other challenges we face – Entryism in the Conservative party?
This article in yesterday’s Guardian highlights a significant threat that the pro-EU movement faces – Brexit: Tory MPs warn of entryism threat from Leave.EU supporters Leave.eu is asking its members to join local Conservative party associations so as to elect a “true” Brexiter as Tory leader in what they consider to be an inevitable leadership election.
Absent of a credible possibility of a pro-EU government formed from the opposition parties, and that probably wouldn’t happen until 2020 anyway, the prospect of a Tory leader who is not just prepared to accept a hard, no-deal Brexit but would positively work for one is a serious threat to the best interests of the UK.
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Published by Grahame Pigney on behalf of The People’s Challenge Ltd.