Counting Your Chickens

[Tehon]

Now that the votes have been counted the heavy lifting must commence. Someone from Britain has to invoke Article 50 of the Lisbon Treaty for Brexit to take legal shape. Cameron is departing so who is going to carry out the people's wishes?

Can the United Kingdom government legally disregard a vote for Brexit?

What follows any referendum vote next week for the United Kingdom to leave the EU? From a legal perspective, the immediate consequence is simple: nothing will happen.

The relevant legislation did not provide for the referendum result to have any formal trigger effect. The referendum is advisory rather than mandatory. The 2011 referendum on electoral reform did have an obligation on the government to legislate in the event of a “yes” vote (the vote was “no” so this did not matter). But no such provision was included in the EU referendum legislation.

What happens next in the event of a vote to leave is therefore a matter of politics not law. It will come down to what is politically expedient and practicable. The UK government could seek to ignore such a vote; to explain it away and characterise it in terms that it has no credibility or binding effect (low turnout may be such an excuse). Or they could say it is now a matter for parliament, and then endeavour to win the parliamentary vote. Or ministers could try to re-negotiate another deal and put that to another referendum. There is, after all, a tradition of EU member states repeating referendums on EU-related matters until voters eventually vote the “right” way.

 

[The Irish Ram]

They'll get back to being Brits. Go Brits.

 

[Tehon]

They'll get back to being Brits. Go Brits.

I wish them all the best and hope that democracy prevails.......But I remain a skeptic.

 

[Picaro]

They'll get back to being Brits. Go Brits.

I wish them all the best and hope that democracy prevails.......But I remain a skeptic.

True, politics change, but this is a long-smoldering issue in Britain, and I would guess any pol who tries to end run around it will only generate a bigger backlash and an even higher percentage of opposition. Same here in the U.S. It will take probably at least 3 or 4 years minimum of distractions to desensitize the current bloc opposed to the EU and mindlessly stupid immigration policies, and every new outrage will move that time out further. The faction leaders will all be walking on eggshells for a while.

 

[Tehon]

Over 100,000 sign petition calling for UK to hold 2nd referendum about leaving EU

The prospect of being outside of the European Union is too much for some of the 16 million UK residents who wanted their country to ‘remain’. They have set up a parliamentary petition calling for a second referendum, which crashed due to its popularity.

Despite being set up hours after the result, the petition has already reached its goal of over 100,000 signatures. This means that it must be considered for debate within parliament within a year.