EURDEMOCRACY

Brussels leadership is exposed as insolent tricksters! That is the implication of the UK High Court. Autocracy has no place in a real democracy, whether in London or Brussels.

The UK Parliament will fully discuss Brexit before it can leave under Article 50 of the Lisbon Treaties. The High Court has ruled against Prime Minister Theresa May’s autocratic concept of Brexit that requires no real debate. It is known as the Henry VIII clause option. With reason. This is a pseudo-royal prerogative that politicians believe they have acquired. It dates from the 1539 Statute of Proclamations. Politicians are not kings. Nor is Mrs May a queen. Democracy is about people. Their ministers are servants not monarchs.

Instead of such comprehensive regal powers that would make 10 Downing Street a royal palace, the matter of Brexit will have to be discussed on the floors of the two Houses of Parliament.

The High Court re-affirmed that, even if prerogative powers remain for international treaties, the powers cannot be used in the case of the referendum, because Membership of the Communities has provided privileges and laws in the domestic sphere. These must be taken into account. Nor can the Secretary of State use the Crown’s powers to take away the rights of citizens.

The High Court with three of UK’s top judges, Lord Chief Justice Lord Thomas of Cwmgiedd, the Master of the Rolls, and Lord Justice Sales gave a unanimous verdict.

They gave a striking rebuff to the three Brussels leaders, Presidents Juncker, Schulz and Tusk. In the early morning of 24 June 2016, barely hours after the first results of the 23 June referendum were published, they gave their verdict. They demanded the UK leave the EU within hours of the referendum results. The Three demanded that the UK leave the EU “rapidly however painful it might be”. They told British MEPs to quit the European Parliament chamber immediately.

Pardon! Your ulterior motives and dirty tricks are showing Sirs!

Curious! The High Court judges made clear that the result of the referendum was purely advisory. That was well known to the public before. I wrote about it as an advisory referendum. The Brussels TopPols simply ignored this fact and tried to bluster the UK out of the EU. They showed abysmal ignorance, bad faith or anti-democratic collusion. Which? They have no excuse. It should have been abundantly clear to the Commission, European Parliament and the Council. Their buildings are stuffed to the gunnels with lawyers.

The referendum had no binding legal power over the government or parliament. This is what the High Court gave as judgement in paragraphs 105-111.

“The Referendum Act 2016 {does not supply} statutory power for the Crown to give notice under Article 50. This Act fails to be interpreted in light of the basic constitutional principles of parliamentary sovereignty and representative parliamentary democracy which apply in the United Kingdom, which lead to the conclusion that a referendum on any topic can only be advisory for the lawmakers in parliament unless very clear language to the contrary is used in the referendum legislation in question. No such language is used in the 2015 Referendum Act.

“Further the 2015 Referendum Act was passed against a background including a clear briefing paper to parliamentarians that the referendum would have advisory effect only. Moreover parliament must have appreciated that the referendum was intended to be advisory only as the result of the vote in the referendum in favour of leaving the European Union would inevitably leave for future decision many important questions relating to legal implementation of withdrawal from the European Union.”

It concludes:

“The Secretary of State does not have power under the Crown prerogative to give notice pursuant to Article 50 of the TEU for the United Kingdom to withdraw from the European Union.”

First we should analyse what would make a Brexit decision really legally sound in British law. A referendum vote could be definitive. The High Court does not rule out that parliament could make the referendum legally binding IF it specifies this exactly in legislation.

Referendums were an ancient part of pre-Roman British culture. They also held the principle that the country (that is the expressed voice in a referendum) was above the prince.

magna_carta english_bill_of_rights_of_1689Then came the Romans, the Anglo-Saxons, and the Normans. For many centuries in the later medieval period the idea of a referendum was lost by the British public because of monarchic autocracy. The ancient British laws are mentioned in the Magna Carta of 1215. That does not mean that the monarchy does not have an important role to play in a constitutional decision. Obviously it does and it is central.

In a democracy the monarchy cannot publish autocratic royal decrees that ignore the will of the people. That would place a monarchy in the category of a dictatorship or at best something like the pseudo-monarchy of France’s Charles de Gaulle. He had the sole vote that counted. (De Gaulle vetoed UK’s candidature for the European Communities twice in a disdainful way during press conferences and once via his instructions to his foreign minister. He did not discuss the matter with his government before he made his decrees.)

de Gaulle2Now it is the Brussels Politburo which is acting like little Napoleons, if not kinglets. The big fall-out will hit Brussels and its Politburo (largely unelected!). The Politburo has assumed the mantle of Charles de Gaulle and failed to see that it leaves the little emperors without clothes! De Gaulle buried the Community’s own Magna Carta. that Schuman called the Charter of the Community. Brussels follows suit. It has been attempting to reverse all aspect of European-level democracy. What sort of democracy in any Member State would act in such an imperious way as the Brussels Politburo? It tells some States like Ireland and Denmark to reverse legally binding referendums. It tells the Greeks how to vote in the euro referendum and then forces its government to act contrary to the people’s result. It tells the UK it must obey immediately an advisory referendum.

Britain has a long democratic tradition. The British democratic process is far from finished before the government can even think of sending a letter under Article 50 of the (fraudulent) Lisbon Treaty. The three other national governments (Wales, Scotland and Northern Ireland) want their say.

Wales First Minister Carwyn Jones says it is a mistake for the government to appeal against the High Court ruling – and repeated his view that the devolved administrations should also get a vote on Mrs May’s Brexit negotiating position. “It is important that votes take place in all four nations to endorse the UK negotiating position.”

The Community was originally based on the highest standards of democracy. Many Britons would agree with Robert Schuman, the founder of the European Community system, that

“some monarchies such as Great Britain, Belgium and Holland, if we only refer to our nearest neighbours, are more clearly and traditionally attached to democratic principles than some republics where the people have only little direct influence on the direction and political decisions of the country.” (Brexit and Britain’s Vision for Europe, p 5.)

 

Check it out all the details! CLICK HERE : Brexit and Britain’s Vision for Europe at special discount prices

Tweet about this on TwitterShare on Facebook0Share on Google+8Share on LinkedIn0
Author :
Print

Leave a Reply