brexit was a non-binding referendum.

[cali]

Parliament has the final say.

What follows any referendum vote next week for the United Kingdom to leave the EU? From a legal perspective, the immediate consequence is simple: nothing will happen.

The relevant legislation did not provide for the referendum result to have any formal trigger effect. The referendum is advisory rather than mandatory. The 2011 referendum on electoral reform did have an obligation on the government to legislate in the event of a “yes” vote (the vote was “no” so this did not matter). But no such provision was included in the EU referendum legislation.

What happens next in the event of a vote to leave is therefore a matter of politics not law. It will come down to what is politically expedient and practicable. The UK government could seek to ignore such a vote; to explain it away and characterise it in terms that it has no credibility or binding effect (low turnout may be such an excuse). Or they could say it is now a matter for parliament, and then endeavour to win the parliamentary vote. Or ministers could try to re-negotiate another deal and put that to another referendum. There is, after all, a tradition of EU member states repeating referendums on EU-related matters until voters eventually vote the “right” way.

What matters in law is when and whether the government invokes Article 50 of the Lisbon Treaty. This is the significant “red button”. Once the Article 50 process is commenced then Brexit does become a matter of law, and quite an urgent one. It would appear this process is (and is intended to be) irreversible and irrevocable once it starts. But invoking Article 50 is a legally distinct step from the referendum result- it is not an obligation.

<snip>

read:http://blogs.ft.com/david-allen-green/2016/06/14/can-the-united-kingdom-government-legally-disregard-a-vote-for-brexit/?siteedition=uk

[SickOfTheOnePct]

1. "low turnout may be such an excuse"

Yeah, 72.2% is "low turnout".

Parliament should be tarred and feathered if they ignore this vote.

[cali]

2. Won't it likely be a new Parliament that would make a determination?

[SickOfTheOnePct]

3. Why would it be a new Parliament? n/t

[TubbersUK]

12. Come October or shortly after

Boris Johnson (or whoever the new Prime Minister might be) may decide to call a snap election to entrench his position and confirm his mandate.

Depends on a lot of factors: the strength of Labour, internal Conservative Party dynamics, impact of the Brexit victory etc.

If these add up to what looks like a comfortable win, he may decide to go for it.

[cali]

18. Is there a reasonable possibility of "buyer's regret"?

What happens if the British economy tanks? Could that change things?

[TubbersUK]

25. I suppose it's possible

Maybe the speed of exit is something that could be flexed if there's turbulence, slow peddling it would be an option. Or if buyers remorse really hits, another referendum would be one recourse.

However, if the new Prime Minister is drawn from the ranks of the Brexit campaign, I can't imagine that anything like this would be likely.

[muriel_volestrangler]

29. With a fixed term parliament, the government needs a 2/3rds majority for a snap election

which means it would need Labour votes.

[TubbersUK]

30. Yes, but

Corbyn has already said he'd support such a move:

In order to unpick the legislation and call for a snap election, the Conservatives would need the support of around two-thirds of MPs in the Commons. Today, Mr Corbyn indicated his party would provide that support.

http://www.independent.co.uk/news/uk/politics/eu-referendum-brexit-jeremy-corbyn-labour-general-election-david-cameron-very-ready-a7093211.html

[Spider Jerusalem]

4. Probably, the odds are that Boris will succeed Cameron, then go to the country for a mandate

if Corbyn is gone as Labour leader and someone more credible stands on a "sod this referendum" platform they might get in. (And there's a looming constitutional crisis; EU law is built into the constitution of the devolved Scottish Parliament, so exiting the EU would require a vote from the Scots in favour, which isn't going to happen.)

[Bucky]

6. Is Johnson really all that popular among influential Tories?

My impression is that he's more of a rabble rouser--the type who can get elected Mayor of London--but not able to muster a majority in the Conservative Party conference that selects who will stand for Parliament.

It's an entertaining world we live in

[Spider Jerusalem]

9. Doesn't matter whether he's that popular

all he has to do is be one of the two candidates on the leadership ballot. If he is, he'll win because he IS popular (strangely) with voters, and can probably lead the Tories to a general election victory. Which is something someone like Gove or Theresa May might not do against credible opposition.

[RAFisher]

5. No. The next UK election is in 2020.

There are some ways that they could have an election sooner but that would require a vote of no confidence or something like that. If you were hoping for the Parliament to ignore the referendum having Cameron resign certain makes it much much harder.

[Spider Jerusalem]

10. Not if there's a vote to dissolve Parliament and call a new general election, which is very likely

[davidn3600]

7. This is exactly what people are angry about

Wealthy and elitists throwing out the will of the people and acting as if they are smarter than everyone else.

Democracy is only acceptable when it yields the results you want, right?

Perfect example of why the US should never, ever get involved in these multi-national treaties like this. The elitists will never let you leave.

[lumberjack_jeff]

11. Exactly.

Elites: Populism eventually wins, always.

[pampango]

14. Exactly. For that reason no one in the British political establishment has suggested this.

It may be 'legal' but it would be politically so stupid as to be mind-boggling.

The folks in the EU have asked the UK to expedite their departure from the EU not reconsider or delay it.

[ProudToBeBlueInRhody]

19. When Scotland votes to bolt, you'll get your chance to call voters idiots

By the way, Had a "pleasant" discussion online with a Brit who said Jo Cox being stabbed and shot in the street was no different than a rapist/murderer getting vigilante justice. Nice lot on your side, eh?

[cali]

31. that's just horrifying.

[TubbersUK]

20. From what I'm reading

the remaining EU members have called for the UK to trigger the exit process asap and get on with the business of exiting

Nor have I seen any talk from the UK political establishment to indicate any plans to subvert Brexit.

[ProudToBeBlueInRhody]

22. The EU wants them gone yesterday

The people who want the vote to be overturned are the percentage who didn't vote because they didn't think such bullshit would win out.

Always vote. Always. I don't care if Trump is down to 1% I will vote to humiliate his Boris Johnson like ass 100 times if I can

[TubbersUK]

26. Good advice :)

[Jack from Charlotte]

32. But if I'm an MP and I know........

ignoring the referendum result is the best for the country imo...... I'm doing what I believe is best for the country. If the people don't like it, vote me out. Vote enough other MP's out take over the gov and do what you like.

Referendum was non binding.

[Rex]

8. But but...a new Cold War...WW III!!

I've seen some of the most alarmist comments almost reactionary in nature. Oh but did you hear? The richest folks lost a lot of money in the market, priorities.

[Cayenne]

15. Reassure me

WW III seems inevitable to many of us alarmists. Why do you think WW III is not just around the corner? Putin is going to back off at the 11 th hour just like in Cuba?

[Rex]

16. Oh is Putin heading for London as we speak? The USSR is dead, news to you?

Just stay alarmed then, the rest of us will continue on with the struggle without you.

[Cayenne]

27. You are not paying attention

John Kerry has more or less given al Assad until August 1 to vacate. After that the coalition will move on Syria. Russians very likely will shoot back if the Syrian government troops are attacked. Then what?

[tritsofme]

13. Cameron's resignation clears the way for a pro-Brexit government to come to power.

As noted above, Boris Johnson, the likely next PM, will probably call for snap election shortly after taking office. It seems like the British press assumes this would lead to stronger Conservative majority, especially if Labour remains led by Corbyn.

It also sounds as though Leave was very popular among large swaths of Labour voters, I don't know if they could credibly mount a winning general election campaign that pledged to reject the referendum results.

[cali]

17. What if in the next few months the British economy

flounders?

[tritsofme]

24. Certainly possible, but I think it will be more a slow moving disaster.

In a few months, it's likely not much will have changed day to day for people, which could boost someone like Johnson.

Lots of turns left on this path, definitely interesting to watch history unfold before you.

[HuckleB]

21. New elections may yield vastly different results than the Brexit vote.

The sheer amount of "Wait! What did we do?" responses make this far from something that is definitely going to happen.

[cali]

23. That's what I'm wondering.

[roamer65]

28. I don't think the next PM will call a snap election.

I think he or she will negotiate a deal with the EU first then put it to referendum. Based on the results of that referendum, then they will decide whether or not to call an election.

Doing it this way literally will freeze any attempt at a Scottish independence referendum. The SNP would not get it passed if EU-UK negotiations were ongoing.