The Mudcat Café TM
Thread #166609   Message #4008657
Posted By: Iains
13-Sep-19 - 09:45 AM
Thread Name: BS: Brexit 'Take Back Control' D Cummings
Subject: RE: BS: Brexit 'Take Back Control' D Cummings
Mr Hastings posts but an opinion with zero facts to back up his assertions(like someone else who posts with monotonous regularity here)

Interesting finding in the Belfast court case trying to scupper brexit.

    “Neither NIA 1998 nor the international treaty scheduled to the Belfast Agreement (or, for that matter, the Agreement itself) has the effect in law of requiring the continued membership of the EU on the part of the UK. In his judgement Lord Justice McCloskey thoroughly slapped down the spurious arguments that the Belfast (Good Friday) Agreement hinges on membership of the European Union

    The Supreme Court was alert to this in Miller: Furthermore, none of the sources mentioned subjects the EU 27 to conclude an Article 50 Withdrawal Agreement in any particular terms.”

    “Once again, neither the Belfast Agreement nor this suite of provisions was predicated on the basis that UK membership of the EU would continue forever. Neither of them can be construed as requiring a customs Union or continued regulatory alignment. More fundamentally, there is no sufficient evidential foundation for the incompatibility assert"ed. There is no suggestion that the incompatibility has already materialised”..............
" Considered in their totality they point inexorably to the conclusion that these cases trespass upon the prohibited domain of the non-justiciable."

That finding has left egg on more than a few faces.