Tim Drayton wrote:Paul ZKTV wrote:DAVID CAMERON ,who by calling the referendum ,made the worse political mistake since HITLER declared war on the USA,has made a very clever move - yes under ARTICLE 50 . Any Member State may decide to withdraw from the Union in accordance with its own constitutional requirements,SO ...in the UK that is the PRIME minister ,after a cabinet meeting - Unless that person has Resigned and is only a ´cartaker´ in that case he cannot declare war ,make treties etc etc without a vote in parliament as he has office but no power ...it wont get to the tory conference because in three month london will look like the set of 28 weeks after everyone has left . but the house of commons is 75& pro EU ....
It is a pity that it doesn't require a decision by parliament. That would be a very interesting debate, at least.
It seems it does:
Any prime minister will need parliamentary approval to trigger article 50 of the Lisbon treaty and initiate the UK’s exit from the European Union, according to a report by constitutional lawyers.
In a legal opinion published on Monday, Nick Barber, a fellow at Trinity College, Oxford, Tom Hickman, a barrister at Blackstone Chambers and reader at University Collegge, London, and Jeff King, a senior law lecturer at UCL, declare that: “In our constitution, parliament gets to make this decision, not the prime minister.” They add:
The prime minister is unable to issue a declaration under article 50 of the Lisbon treaty – triggering our withdrawal from the European Union – without having been first authorised to do so by an Act of the United Kingdom Parliament. Were he to attempt to do so before such a statute was passed, the declaration would be legally ineffective as a matter of domestic law and it would also fail to comply with the requirements of article 50 itself.
http://www.theguardian.com/politics/liv ... ow-cabinet