Brexit, the UK Constitution and politics - do not confuse the rules with the game

The recent judgement of the High Court in R (Miller) vSecretary of State for Exiting the European Union [2016] EWHC 2768 (3 November 2016, Admin) seems clear enough.

The issue is one of law. Is there, as a matter of law, power in the executive to trigger Article 50 of the Treaty on the European Union? The consequences of this decision fall into the political domain. But the decision itself is not political. It is not about what is the right thing to do, it is about who has the power to that thing.

The conclusion of the judges, after hearing full argument, is that there is no power in the Executive (which draws its power from the Crown) to trigger Article 50 of the Treaty on the European UnionSo, the Executive/ Crown cannot change the rights of UK citizens without the consent of Parliament. A deep and very important cornerstone of UK civil liberties. 

The judges are right to guard it even in the face of miscomprehending public hysteria whipped up by cynical and misleading media commentary in this post factual environment.

The European Union Referendum Act 2015 could have provided power for the executive to have activated Article 50 without further recourse to Parliament. But it did not. Thus, in accordance with the will of Parliament,  the referendum was advisory for Parliament.

We shall await the appeal and any possible, and potentially deeply ironic, trip to Brussels. Then, hopefully, the Executive will have to face the political consequences of upholding the will of the people by engaging the will of Parliament.

Hard to understand? No. Hard to stomach for some constituencies? Yes. However, the world is as it is. Thus both the decision of the judges and the reaction of some parts of the media is part of a new world that is struggling with keeping hold of reality whilst venting a rage at the way that power and money are being transferred from poor to rich. 

The truth is that the enemy is not the Constitution, nor is it immigration. It is fiat money and the nature of how inflation destroys the middle class. One day the people may wake up and see this. But perhaps not. The World may be in flames before that realisation dawns, if it ever does. 


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