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Thursday, 13 October 2016

Illegality of challenging Brexit. The Courts must support the people & Parliament.

I am no lawyer but I can read law. In fact as a copper that's exactly what I had to do and apply it too. Because bad losers, vested interests (See more on them here) and anti Brits are trying every stunt to overturn Brexit, including via the courts, it's perfectly natural for me to look at their case and what they are challenging.

 Parliamentarians who claim they have supremacy over the people they represent are wrong for that very reason. 

It is now technically viable for the whole nation to vote on every issue, the ultimate democracy, and that there is now, technically, no longer any need for a Parliament at all. 

All Parliament provides, at the moment, is a system which, very vaguely and generally, represents the views of the people via their local representatives who are selected locally for their general views as most likely to suitably represent their constituents and from then on, expressing their preferences to persuade the largest number from their community to elect them on that basis. This is very crude, and because it's impossible for their manifestos to cover every issue, much of which is not even envisaged at election, we only have a vague idea of how our MP will interpret what we want. That there is a five year tenure based on this makes it even worse but it is the best we have for now.  

The whole nation voting is the supreme Parliament and if it were technically viable, any such vote is obviously supreme over a mere 650 MPs who are only there because, so far, there is no way we can have a national vote on all policy. However, on the very rare occasion when Parliament does ask the people via a controlled and constitutionally run Referendum, the people are The Supreme Parliament.  It's absolute nonsense for Parliament to set up a National Referendum, at great cost and time, set out the terms and then after all that, demand the right to reverse it or overrule it depending on the result. Any MP who imagines that is either too silly to be in Parliament or too undemocratic to be there in the first place. 

But notwithstanding the supremacy of The People, the legal situation, in my view, is also very simple. 

The only thing that can be challenged via the courts is The Referendum Act 2015. See it in all its simplicity here. 

It's not valid to challenge The Prime Minister or the Government for invoking Parliament's wishes. After several readings, in both Houses, the Act was passed by Parliament and received Royal Assent. Surely the time to challenge this was at the time of the Bill and before the Referendum was set up and the campaign was run? If our Courts are to be just, the case should be stopped immediately in the public interest and not even tolerated on the basis that the challenge should actually be against Parliament instead of the Government without appeal.  

The next part, also against the PM and Government, (their right to invoke Article 50, without any further consent), is also not of their making. See how A 50 works. 

A State, having decided to leave -and we have- in its own time and when ready, simply submits and invokes A50. It matters not who is in Government or in Number 10, the incumbent must do it and to the best advantage of The Nation. No-one in Parliament has the right to obstruct or deter that process against their own Parliament's Act. 

Of course, as all dissident, self interested, groups always do, invent an unreal 'Two Tribes' scenario, in this case, 'Hard' and 'Soft' Brexit is already upon us to confuse and blur a simple process, and we mustn't fall for that like we have always done in the past. See how the stunt has run and ruined our country already.  No. There is only the Brexit we voted for; our complete withdrawal from the EU.

Does all this make sense to you? Well if so, make sure that our Judges see it that way too or there's something wrong. 

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