Judges BLOCK BREXIT
Some observations:
- Parliament is the supreme lawmaker in the UK
Parliamentary sovereignty is a concept in the constitutional law that holds that the legislative body has absolute sovereignty, and is supreme over all other government institutions, including executive or judicial bodies. It also holds that the legislative body may change or repeal any previous legislation, and so it is not bound by written law (in some cases, even a constitution) or by precedent.
Many for years have considered that the executive, aka the government has accrued to itself too much power, so vitiating principles of the constitution.
- Ours is a representative democracy
Edmund Burke's opinion stated, that part of the duty of a representative was not simply to communicate the wishes of the electorate but also to use their own judgement in the exercise of their powers,even if their views are not reflective of those of a majority of voters.
In other words, our MPs are permitted to use their personal judgements, which were they delegates, as some seem to think they are, would not be able to use
- The Rule of Law
This is the idea that all laws and government actions conform to principles. These principles include equal application of the law: everyone is equal before the law and no person is above the law, including those in power. Another is that no person is punishable in body or goods without a breach of the law: as held in Entick v Carrington, persons are free to do anything, unless the law says otherwise; thus, no punishment without a clear breach of the law.
It puzzles and disturbs me, that the proponents of our exit from the EU appear so keen, as evidenced by some opinions expressed, to set aside any or all of the benefits of the constitution for one issue.
In my opinion both totalitarian and direct plebiscitary rule have within them great dangers for any nation’s freedom.
Why on God’s earth should any freedom lover want that! 