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Jus' wundrin' how the Scots would react to a referendum repudiating the Barnett Formula......INFORMATION
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EU Referendum
Re: EU Referendum
this would not be a constitutional issue, would it?Nick wrote:Jus' wundrin' how the Scots would react to a referendum repudiating the Barnett Formula......
Re: EU Referendum
https://en.wikipedia.org/wiki/Referendu ... ed_Kingdom
"Referendums are not legally binding, so legally the Government can ignore the results; for example, even if the result of a pre-legislative referendum were a majority of ‘No' for a proposed law, Parliament could pass it anyway, because parliament is sovereign. Legally, Parliament at any point in future could reverse legislation approved by referendum because the concept of parliamentary sovereignty means no Parliament can prevent a future Parliament from amending/repealing legislation. However, it is unlikely many governments would attempt to reverse legislation approved by referendum as it would probably be controversial and potentially damaging to its popularity."
I can see big trouble if a vote to leave were in effect ignored by Parliament, but I still think that this could well happen if the result were close. One other point is that there is likely to be quite a delay between the referendum and any legislation to effect it, as the government, other parties and the EU attempt to sort out some alternative relationship after a secession (I remember reading about the complications attendant on referendums in an article which appeared soon before the Scottish referendum). It is even possible that all this could run up into the 2020 election campaign.
Emma W on Facebook mentioned something like this and also suggested that it could end with a second "are your sure?" referendum, but I don't see this occurring
"Referendums are not legally binding, so legally the Government can ignore the results; for example, even if the result of a pre-legislative referendum were a majority of ‘No' for a proposed law, Parliament could pass it anyway, because parliament is sovereign. Legally, Parliament at any point in future could reverse legislation approved by referendum because the concept of parliamentary sovereignty means no Parliament can prevent a future Parliament from amending/repealing legislation. However, it is unlikely many governments would attempt to reverse legislation approved by referendum as it would probably be controversial and potentially damaging to its popularity."
I can see big trouble if a vote to leave were in effect ignored by Parliament, but I still think that this could well happen if the result were close. One other point is that there is likely to be quite a delay between the referendum and any legislation to effect it, as the government, other parties and the EU attempt to sort out some alternative relationship after a secession (I remember reading about the complications attendant on referendums in an article which appeared soon before the Scottish referendum). It is even possible that all this could run up into the 2020 election campaign.
Emma W on Facebook mentioned something like this and also suggested that it could end with a second "are your sure?" referendum, but I don't see this occurring