SOVEREIGNTY
Why it Matters
Under normal circumstances sovereignty is thought to lie with the people's representatives, elected to serve in Parliament and for most purposes, this goes unchallenged. However, there are occasions, such as in a national referendum when Parliament chooses to acknowledge the ultimate authority of the true holders of sovereignty and passes an important decision to the British people.
Such an occasion occurred on 23rd June 2016, when Parliament asked the British electorate to decide whether or not to remain in, or leave the European Union. It's now a matter of historical fact that a majority of those eligible to vote, voted to leave. All political parties promised to accept the result & to implement the referendum result in Parliament as instructed by the electorate.
The reason all of the above matters is because, since the referendum and despite the promises to deliver Brexit, the members of the Government charged with this responsibility have proven unequal to the task. They have prevaricated, obfuscated and argued about the meaning and legitimacy of the referendum result and have demonstrated a level of treacherous incompetence rarely witnessed in any arena of public life.
They have had two and a half years to deliver a clean break from the European Union and have failed so spectacularly that they have exposed their own deplorable incompetence and revealed their lack of willingness to implement the wishes of the people, whom they had charged with deciding this very important and divisive issue.
Theresa May's proposed Brexit agreement is a work of such monumental ineptitude, timidity and deceit that it's resulted in significant resignations from her own Cabinet and has alienated so many in her own party and beyond that it's very unlikely to be approved by Parliament. In such circumstances it would be right and proper for all MP's of good conscience to accept the result and allow the UK to leave the tentacles of the European Union without a deal, thus delivering on their promises to respect the result of the referendum and ensuring that we regain full and unfettered control of our laws, borders, finances, agriculture, fisheries, tariffs, and all other matters vouchsafed to a sovereign nation.
Instead, what we are witnessing is various increasingly desperate and duplicitous plans to prevent Parliament from accepting a no deal Brexit and this takes us to the heart of the issue of sovereignty and the question of where, and with whom, it ultimately resides.
For, if Parliament attempts to thwart Brexit by refusing to allow a no deal scenario to pass, then it will clearly have placed itself in direct opposition to the expressed will of the people and will have usurped sovereignty from its true holders and made an enemy of its own citizens.
Under such circumstances it must expect at best rigorous legal challenges as to its own legitimacy and questions as to whether such a denial of the people's expressed will is unconstitutional and therefore illegal; and at worst it could result in protest and civil unrest. An outcome which would be very regrettable, but in view of such a blatant disregard of the people's wishes, it would be understandable.
Under such circumstances it must expect at best rigorous legal challenges as to its own legitimacy and questions as to whether such a denial of the people's expressed will is unconstitutional and therefore illegal; and at worst it could result in protest and civil unrest. An outcome which would be very regrettable, but in view of such a blatant disregard of the people's wishes, it would be understandable.
They deserve all that may befall them.
ReplyDeleteAs the 29 March 2019 comes more close everyone should calm down but expect a predominantly Remain Parliament try to thwart Brexit. They will find it very difficult to stop as, for example, trying to take No Deal off the Table is impossible. Let me explain.
ReplyDeleteThe Date/Time in the European Union (Withdrawal) Act 2018 is only synchronised (and deliberately made amendable to keep it synchronised) with the the presumed Date we leave the EU set in International Treaty Law by Art 50 of Lisbon Treaty 2007.
Article 50 is THE Process & Clock which commenced when Theresa May sent the Parliament Approved Notification (Thanks to Gina Millar) to EU informing Donald Tusk of the UK's intention to leave EU (and Euratom).
Within Article 50, 2 years AFTER May's letter the UK leaves the EU.- Deal or No Deal in place. No Deal is the Default in event a Deal is not agreed.
If there were to be an agreed Delay in conclusion of Art. 50 Process (requiring 100% EU27 approval) the EU (Withdrawal) Act 2018 would require amending to re-synchronise the "Exit Day" Date/Time within the Act with new Art. 50 conclusion Date.
The EU (Withdrawal) Act does not set Date/Time for Brexit, it sets presumed Date/Time for when the effects of the EU (Withdrawal) Act should take place AFTER or ON Date/Time we leave under Art. 50. If the presumed Date/Time changes then the EU (Withdrawal) Act 2018 would reuire amendment to change to new Date/Time. That is all.
If the EU (Withdrawal) Act were to remain unchanged or the date/time deleted that would merely create an administrative inconvenience, it would not stop the UK leaving the EU
Perhaps that is the confusion/delusion that Remainer MPs are under when they seek to interfere with the EU (Withdrawal) Act 2018. They think they may be able to stop Brexit doing that but Brexit is actually set in International Treaty Law in Art. 50 and no one (not MPs, PM, EU, or voters) can change that Process, other than to delay or revoke the Process.
Delay to end date of Art. 50 merely prolongs the agony. End date will still come as the Clock merely continues for longer and new Date agreed.
Revoking May's Art 50 Letter would require new Statute as her Letter was approved by Statute but would kill Brexit. 17.4m Voters would be told their vote didn't matter & they wasted their trip to the Polling Station. Guess what happens then!
The above comments may set out some of the obstacles to achieving a block on a no deal Brexit, but I don't underestimate the devious machinations of those MP's who wish us to remain members of the EU.
ReplyDeleteI truly hope that their efforts to thwart the will of the electorate will not be successful & that no matter what, we leave the EU on 29th March 2019 as promised.