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  • Writer's pictureDele Sikuade

The bastard child of democracy

Call me a sceptic but I’m willing to bet that 99% of people who voted for Brexit argued among other things that it was to ‘bring back sovereignty’, and 99% of those same people had no idea what sovereignty in Britain meant. I suspect a majority think it has something to do with the queen.

British democracy makes everybody subject to the Rule of Law. The lawmaking body above all others is Parliament, NOT the government of the day. In British constitutional law, the doctrine of parliamentary sovereignty maintains that Parliament has unlimited legislative authority. I stress again, NOT the government of the day, but Parliament. As a rule, the courts can't overrule legislation and no Parliament can pass laws future Parliaments cannot change. This last bit is important because it means no British government could forever bind Britain to the rules of the EU (and therefore never has) because that would require a sitting Parliament to have the ability to bind future Parliaments, which I think we’ve established is not allowed.

Parliamentarian Brexiteers knowingly parroted a lie they knew most Brexit voters were too ignorant to understand. Once established, you can’t take sovereignty away from Parliament because no sitting Parliament can give it away. If Britain complies with EU laws it is because the British Parliament passed laws to make it so. Undoing such laws is what the Great Repeal Bill is all about. In other words, the British people, through the British Parliament, voted to be subject to laws passed at EU level, and they did so because the British, as senior and influential members of the EU, insisted these laws were passed. Brexiteers deceive the public all the time when they complain about EU laws, as if Britain was a lame poodle limping along behind the savage French and German Rottweilers in their march to European unification. How stupid do you have to be to believe this great nation is less influential in making EU laws than a bunch of Belgian bureaucrats? The level of ignorance of some people is quite frankly terrifying. As Ricky Gervais points out, you have to put labels on bottles of bleach saying "Do Not Drink".

Lest there be a scintilla of doubt, I quote from the famous ‘Metric Martyr’s’ case:

“The fundamental legal basis of the UK's relationship with the EU rests with the domestic, not the European, legal powers.”

In plain English, it is British law that makes British people subject to the rulings of the European Courts, not EU law.

If Parliament does not have a meaningful vote on the terms of EU withdrawal, which is what the entirely undemocratic, fascist Brexiteers are trying to force through because they know they’d lose a straight vote against a no-deal exit, Britain will have undermined its own legally established, democratic norms. If people who voted for Brexit think the 'will of the people', whatever that means, is more important that democracy, they are both arrogant and short-sighted. You can have as many bites as at many cherries as you like in a democracy, and don't let anyone tell you otherwise. In an autocracy you can STFU and sit down, you bloody pleb!

If a sitting government goes about enacting laws without the explicit will of Parliament, which is only expressed through a vote in the House of Commons, guess what future governments will make of the precedent. Yesterday we saw the first blow struck to kill democracy in Britain and promote the rise of autocratic government. Beware, autocracy is the default desire of every government, or have you come across a sitting government in favour of having its agenda opposed? From autocratic government to a dictator is one small step. As Brexit proves, people are sheep and seek only to be led. The majority have no idea who is leading them or what the agenda is. Britain got its democracy the hard way and it took a long, long time. Look at America and ask yourself if you’d like to be ruled by Herr Trump, who abuses unregulated, unaccountable presidential powers on a near daily basis.

Yesterday was a sad, sad day for democracy in Britain. The mother of all parliaments just produced its first bastard child.

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