Saturday, May 18, 2019

How the right almost hijacked democracy.....

There seems to be some confusion on this blog about the supremacy of parliament and the courts and the rule of law although some add to the confusion by deliberately misreading events.

Parliament make the laws, the judges enact the law…simple. Well not quite, the judges must also remind parliament of the laws they passed and hold them to account.
An example………..

After the Brexit referendum with a willing Tory Government it all looked so simple and no one, not even the really clever clogs, understood or could imagine the the difficulties of splitting after a forty year romance. For a year the Government pratted around telling he word that this was easy peasy and the UK was just going to walk out holding all he cards.

Then along came Gina or Ms Millar as I will refer to her. Ms Millar is a British Guyanain lawyer  cunningly disguised as a really attractive woman. No, she said, it was an act of parliament that took the UK into the EU and you need an act of Parliament to leave otherwise you are breaking your own law.

Then the brown stuff hit the whirling blades. Rubbish cried the Government, we can enact this without reference to parliament.  The hate mail and death threats started with most of them more concerned with Ms Millars colour as is standard with the hard rights storm troopers, apparently it is unpatriotic to be anything but white. It was taken so seriously that she was under 24hr police protection and moved accommodation several times. So a very shaken and very brave Ms Millar took the Tory Government to court.

In the court case which cost the British taxpayer a shed load of money the Judges agreed with Ms Millar and took the Government to task for trying to steamroller this through without an act of parliament.  Governments can be taken to court but parliament can not. What is apparent is that democracy and the rule of law can be suspended if it suits the ruling party in this case the Tories. They bullied, threatened and lied and continued to spend the tax payers money on a lost cause that their own legal advisors advised not to pursue.           And that is why we are in the present situation.


Tom Hunter said...

Then the brown stuff hit the whirling blades.

In that situation the trick is to load up the brown stuff to slow down the blades. :)

pdm said...

Egbut - good to see you posting - welcome.

Just a suggestion next time have a heading for your posts so that they do not look like they are an extension of another post.

Lord Egbut Nobacon said...

Thank you pdm...I see the error of my ways...will repost

Tom Hunter said...


You should be able to add a title even now, but if you want to supply me with your suggested title I can put it in right now.

gravedodger said...

Welcome to No Minister Bacon, I am not confused, yes judges interpret what Parliament enacts but they remain a step down from the supremacy of that same Parliament in our system bastardised from the Westminster model

I hope you enjoy the opportunity offered here as I do even when other stresses in my life curtail that enjoyment, both in taking part and suffering the barbs from commenters that can be hurtful as things were after March 15th when I decided enough was enough.
In spite of the misrepresentation assumed as to what I feel deep down that, massacre left me very badly bruised.

Again welcome aboard and enjoy the ride.