YES! The Supreme Court Tells Would-Be Tyrant Theresa May That Act of Parliament is Required to Trigger Article 50 and Leave EU; Now MPs Must Fight to Scrap Brexit

Stop Brexit: a placard from the March for Europe in London on September 3, 2016 (Photo: AFP).Please support my work as a freelance investigative journalist and commentator.

 

Great news from the grown-ups in the room today — the Supreme Court — as the highest judges in the land have confirmed what the High Court ruled nearly three months ago: that the government cannot trigger Article 50 — the mechanism for leaving the EU — without an authorising act of parliament, as Lord Neuberger, the President of the Supreme Court, stated in a summary of the court’s decision, delivered by a majority of 8-3.

As the Guardian described it, Lord Neuberger “said the government generally has a prerogative power to change treaties, but it cannot do that if it will affect people’s rights.” As the summary of the court’s ruling stated, “The change in the law required to implement the referendum’s outcome must be made in the only way permitted by the UK constitution, namely by legislation.”

The judges added, “The Supreme Court holds that an Act of Parliament is required to authorise ministers to give notice of the decision of the UK to withdraw from the European Union.” See the full ruling here.

From the beginning, when Theresa May was the only minister left standing after the bloodbath that followed the EU referendum’s outcome, it was outrageous that a decision that was supposed to be about the importance of restoring sovereignty to the UK was hijacked when May, who had nominally been a Remain supporter, instead revealed herself as a would-be tyrant who was intent on ignoring the fact that sovereignty in the UK resides with Parliament and not with the Prime Minister or her cabinet. Read the rest of this entry »

Bagram: Still a Black Hole for Foreign Prisoners

Back in March 2009, three foreign prisoners seized in other countries and rendered to the main US prison in Afghanistan, at Bagram airbase, where they had been held for up to seven years, secured a legal victory in the District Court in Washington D.C., when Judge John D. Bates ruled that they had habeas corpus rights; in other words, the right to challenge the basis of their imprisonment under the “Great Writ” that prevents arbitrary detention.

The men — amongst dozens of foreigners held in Afghanistan — secured their legal victory because Judge Bates recognized that their circumstances were essentially the same as the prisoners at Guantánamo, who had been granted habeas corpus rights by the Supreme Court in June 2008.

Unfortunately, the Obama administration appealed Judge Bates’ careful and logical ruling, and the judges of the D.C. Circuit Court agreed, overturning the ruling in May 2010, and returning the three men to their legal black hole.

In April 2011, the Associated Press reported that the three men — Redha al-Najar, a Tunisian seized in Karachi, Pakistan in May 2002; Amin al-Bakri, a Yemeni gemstone dealer seized in Bangkok, Thailand in late 2002; and Fadi al-Maqaleh, a Yemeni seized in 2004 and sent to Abu Ghraib before Bagram — had all been cleared for release by review boards at Bagram, or, as it is now known, the Parwan Detention Facility. Read the rest of this entry »

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Andy Worthington

Investigative journalist, author, campaigner, commentator and public speaker. Recognized as an authority on Guantánamo and the “war on terror.” Co-founder, Close Guantánamo, co-director, We Stand With Shaker. Also, singer and songwriter (The Four Fathers) and photographer (The State of London).
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