如果把6月的全民公投看作是“直接民主”的民意体现，而英国议会公投看作“代议民主”的民意体现，那么，到底应该遵循哪一种“民意”？
为了解答这个问题，小编特意挑选了两篇文章，第一篇是微思客编辑孙金昱写于英国脱欧公投后的旧文《公投脱欧是民主的失败？》，另外一篇是郭力尼安的《逆转！高等法院裁决：无议会批准，政府无权脱欧》。
郭力尼安的文章，从法理的角度出发，分析了“直接民主”和“代议民主”在英国脱欧风暴中的种种争议。希望可以帮助读者理解英国脱欧的争议。
英国高等法院三位法官周四（11月3日）做出判决，在议会没有同意的情况下，政府无权继续进行脱欧的商谈和程序。
那我们就来看看《里斯本条约》（其实也就是《欧盟条约》）的第50条吧。全文如下：
-
Any Member State may decide to withdraw from the Union in accordance with its own constitutional requirements. -
A Member State which decides to withdraw shall notify the European Council of its intention. In the light of the guidelines provided by the European Council, the Union shall negotiate and conclude an agreement with that State, setting out the arrangements for its withdrawal, taking account of the framework for its future relationship with the Union. That agreement shall be negotiated in accordance with Article 218(3) of the Treaty on the Functioning of the European Union. It shall be concluded on behalf of the Union by the Council, acting by a qualified majority, after obtaining the consent of the European Parliament. -
The Treaties shall cease to apply to the State in question from the date of entry into force of the withdrawal agreement or, failing that, two years after the notification referred to in paragraph 2, unless the European Council, in agreement with the Member State concerned, unanimously decides to extend this period. -
For the purposes of paragraphs 2 and 3, the member of the European Council or of the Council representing the withdrawing Member State shall not participate in the discussions of the European Council or Council or in decisions concerning it. A qualified majority shall be defined in accordance with Article 238(3)(b) of the Treaty on the Functioning of the European Union. -
If a State which has withdrawn from the Union asks to rejoin, its request shall be subject to the procedure referred to in Article 49.
编辑：元嘉草草
联系邮箱：wethinker2014@163.com。图片来自网络。
廣告
