Further Parliamentary lawmakers are supposedly mostly pro-Remain, so given the slim margin of victory it's not clear what will ultimately happen.
Further Parliamentary lawmakers are supposedly mostly pro-Remain, so given the slim margin of victory it's not clear what will ultimately happen.
Could MPs block an EU exit if Britain votes for it?
Michael, from East Sussex asks an intriguing question - could the necessary legislation pass the Commons if all SNP and Lib Dems, nearly all Labour and many Conservative MPs were in favour of staying?
The answer is that technically MPs could block an EU exit - but it would be seen as political suicide to go against the will of the people as expressed in a referendum. The referendum result is not legally binding - Parliament still has to pass the laws that will get Britain out of the 28 nation bloc, starting with the repeal of the 1972 European Communities Act.
The withdrawal agreement would also have to be ratified by Parliament - the House of Lords and/or the Commons could vote against ratification, according to a House of Commons library report.
It adds: "If the Commons resolves against ratification, the treaty can still be ratified if the Government lays a statement explaining why the treaty should nonetheless be ratified and the House of Commons does not resolve against ratification a second time within 21 days (this process can be repeated ad infinitum)."
In practice, Conservative MPs who voted to remain in the EU would be whipped to vote with the government. Any who defied the whip would have to face the wrath of voters at the next general election.
One scenario that could see the referendum result overturned, is if MPs forced a general election and a party campaigned on a promise to keep Britain in the EU, got elected and then claimed that the election mandate topped the referendum one. Two thirds of MPs would have to vote for a general election to be held before the next scheduled one in 2020.
Amendments will be made. Then they will have to go back to EU for approval. EU will modify/apend amendments. Then there is the committee stage, and the Lords.
Could be stretched out for a long time quite easily, so will of people not ignored but end result not much different from now.
However, EU might want a quick process because of the internal politics they have to face. 'Twill be interesting to watch but possibly uncomfortable in parts.
Another way out of this mess is to perform European Voting: rinse and repeat until Brits get the message and vote as they are supposed to. Worked with the Irish...
As I understand it, that's not strictly correct: triggering article 50 is an exercise of royal prerogative[0][1], so it is a matter for the PM and cabinet (or, rather, the monarch alone, who is bound by strong convention to adhere to the advice of the PM and cabinet in its exercise.) [2]
Once article 50 is triggered, the UK is out of the EU in 2 years under default terms unless either that term is extended by the EU (member states acting unanimously) and/or a UK/EU agreement on alternative terms is ratified before the period expires (which, again, requires the EU to be unanimous.)
The British parliament can block an exit agreement after Article 50 is triggered, but that just leaves the UK with the default exit terms.
There's also elements of its relations with European institutions that are written into Britain's domestic law; Parliament could drag its feet on repealing those, but that wouldn't keep the UK in the EU it would make the UK a non-EU nation that choose to remain subject to some EU rules and institutions.
[0] http://www.theguardian.com/politics/2016/jun/24/britain-has-... [1] http://leavehq.com/blogview.aspx?blogno=67 [2] https://en.wikipedia.org/wiki/Royal_prerogative_in_the_Unite...
I do not think any politician can fight for such a prospect. They will need to accept the result.
Out is out.