The expression of a State's consent to be bound by a treaty which has been procured by the coercion of its representative through acts or threats directed against him shall be without any legal effect.
The expression of a State's consent to be bound by a treaty which has been procured by the coercion of its representative through acts or threats directed against him shall be without any legal effect.
Government, especially a minority one, does not represent the 'state'. Parliament is the state and by extension the people, all of them, not just one partisan and in this case minority section of them.
lets call the law what it is so stupid boy does not get confused.
EU Withdrawal (No.2) Act - it superseeds the EU Withdrawal (No.1) Act
get it?
stupid boy.
the only thing b'stard has come up with is to send a second letter to cancel the first one. well if he does in law thet is the same as not sending it hence he is back in the clink.
Lordo wrote:lets call the law what it is so stupid boy does not get confused.
EU Withdrawal (No.2) Act - it superseeds the EU Withdrawal (No.1) Act
get it?
stupid boy.
the only thing b'stard has come up with is to send a second letter to cancel the first one. well if he does in law thet is the same as not sending it hence he is back in the clink.
I'm sorry but I definitely am no legal expert but I think tis UN Treaty would more than su[supersede any law from the EU and most certainly it would also supersede UK law as well.
The UK is a signatory to this Treaty from 1971.
And BORIS Johnson is Her Majesty's Government of The United Kingdom and Northern Ireland.
The expression of a State's consent to be bound by a treaty which has been procured by the coercion of its representative through acts or threats directed against him shall be without any legal effect.
treaties are simply 'political,' and not legally binding." ... The Vienna Convention on the Law of Treaties, article 2(1)(a), defines a treaty as "an international agreement concluded between States in written form and governed by international law...."
The expression of a State's consent to be bound by a treaty which has been procured by the coercion of its representative through acts or threats directed against him shall be without any legal effect.
treaties are simply 'political,' and not legally binding." ... The Vienna Convention on the Law of Treaties, article 2(1)(a), defines a treaty as "an international agreement concluded between States in written form and governed by international law...."
Cheers...
I'm pretty damn sure they are legally binding alright.
But in any case, this isn't the loophole they are going to use to get around the Benn Surrender Bill.
Moggs has just confirmed that HM Government does not need to abide by the Benn Surrender Bill as UK Law is subject to EU Law Article 50.
So in other words, Boris is not sending any letter to the EU.
If the court of sessions forces him to do so, they will challenge in the Supreme Courts.
The only way to get the letter out is to remove Boris from Government with a no confidence but that still gives him 14 days. So time is running out. In fact, I think the remainers have run out of time which is why Moggs is so open about their intentions. The letter has to be sent by the 19th and that can't happen.
I would like to wish everyone a very happy BREXIT on the 31st of October.
As for Bojo not sending the letter for an extension he'd better make sure he gets the Supreme Court's decision before been accused of breaking the law.
As for Bojo not sending the letter for an extension he'd better make sure he gets the Supreme Court's decision before been accused of breaking the law.
A legal right that can't be circumvented or subverted under UK law.
therefore, the Benn Surrender Act does not have any ascendancy over Article 50. Nothing does. Article 50 is rock solid and the only way to stop BREXIT is to repeal it.
As for Bojo not sending the letter for an extension he'd better make sure he gets the Supreme Court's decision before been accused of breaking the law.
A legal right that can't be circumvented or subverted under UK law.
therefore, the Benn Surrender Act does not have any ascendancy over Article 50. Nothing does. Article 50 is rock solid and the only way to stop BREXIT is to repeal it.
The act merely requires the UK government to request an extension to the article 50 process. There is nothing contradictory or illegal in such a request just as there was not with the two previous times the UK government requested such and the EU agreed to such an extension. Talk about desperate. The only 'ascendancy' here is that of parliament over a minority government with something like -40 seat majority.