The court that hasn’t even had its 10th birthday overrules HM The Queen and her PM.
Since early 2016 a bright, shiny, Brexit beam of light has been shone on the increasingly self-regarding and arrogant Establishment class in the United Kingdom.
All Brexit has done is to expose the gulf that now exists in the country between the mass of ordinary people and the tiny minority of the Establishment.
In many ways, the current showdown has been inevitable for many
years. The gap between the metropolitan luvvies of the Establishment class and the ordinary people across the country had been widening to a point where it is unbridgeable without a ‘post-democratic revolution’.
It is commonly said that Britain doesn’t do revolutions. Any student of history will tell that this is not the case. Try telling it to the members of the National Union of Miners in the early eighties, and indeed to the independent Nottinghamshire miners, who actually experienced some of it at first-hand.
It is, of course, true that there have not been many beheadings of late. And in very recent times it’s true that these revolutions have not required the ‘gilets Jaunes’ type of shut-downs of major parts of cities, as in France every weekend since the start of the year.
This does not mean that revolutions have not occurred in the UK. One only has to look at the transformation of British society from the 3-day weeks of Ted Heath’s government in the seventies to the resurgence of the entrepreneurial spirit of Britain in the eighties and beyond. The UK was the first country to have an industrial revolution, and the first country to negotiate a post-industrial revolution.
The Brexit Revolution
The latest revolution occurred on 23 June 2016. On that day the British people roundly rejected the bombardment of Establishment propaganda and voted against the wishes of those who rule in almost every stratum of society.
Parliament gave the decision on the UK’s membership of the EU to the people
The people then gave Parliament their decision — to leave
Parliament did not expect the people to give the ‘wrong’ decision
For more than three years MPs have voted to enact the decision publicly
They have then done everything they could to block it
Now the top echelons of the legal profession have stepped in to block it further
Which brings us to the key question: Who enacts the will of the people?
The simple answer to this simple question is now, no-one.
In a momentous decision yesterday at the Supreme Court (aged 9 years and 11 months), 11 Justices considered an appeal by a Guyana-born multi-millionairess. The decision was announced by Lady Brenda Hale, the Court’s President.
The Supreme Court overruled the High Court, the Lord Chief Justice, the Master of the Rolls, the President of the Queen’s Bench Division, the British Prime Minister and Her Majesty The Queen, and assumed control of the political life of this country in so doing.
The judiciary has now assumed the decisive final say in politics. Boris Johnson’s decision to prorogue Parliament was a political decision and was based on centuries of tradition. Executive power has been well-established. 11 Justices chose yesterday to curtail it even further than it has been already by arch-Remoaner Speaker Bercow — a man who has driven a family car with a “B******ks to Brexit” bumper sticker.
The top echelon of the judiciary now feels it must be the final arbiter on such political matters, despite the High Court ruling quite correctly that this issue was ‘non-justiciable’, i.e. not a matter for the courts.
Is it naïve to believe that people have the ultimate power in a democracy?
No, in a word. It is not naïve, but we must all face up to the fact that the country must come to terms with the serious constitutional decisions ahead of us all.
The British constitution relies on common sense being applied by all concerned, together with respect for tradition and convention. Once these two elements are hijacked by (frankly Remainer) interests, then big changes will be needed.
In this world, you reap what you sow.
In short, here is the current position:-
The Prime Minister has had his power to govern removed by MPs who do not represent the majority view
This PM has asked for a General Election — twice — to resolve the impasse
The opposition parties refused the PM’s requests, denying the chance for the people to have their say
The PM prorogued Parliament for the usual party conference season, plus a few extra days, for a Queen’s Speech
11 unelected Justices have deemed this unlawful, despite the past precedent
Labour’s party conference has now been closed, denying people the chance to vote on resolutions
Conservatives’ party conference next week has been wrecked, denying full democratic discussions
Anti-democratic MPs will now make more moves to thwart the democratically expressed will of the people.
Make no mistake about what happened yesterday, this was up to now a bloodless coup to take over how the UK is governed and it has a grave consequence for all of us because anyone can now go to the Supreme Court to get anything overturned if they don't like. In short eleven judges are now the government.
A solution to the constitutional crisis we are now in
The media yesterday and overnight are full of talk from journalists and commentators for a radical, new, codified Constitution. Here’s an alternative strategy.
1. Scrap the Fixed Term Parliament Act
Boris Johnson cannot call an election in order to govern effectively, because of the disastrous Fixed Term Parliament Act (FTPA) insisted upon by the Illiberal-AntiDems during their time in the coalition government with the Conservatives in 2010–2015.
2. Scrap the Supreme Court
The crisis yesterday was caused by the creation by the Brown Labour government in 2009 of the Supreme Court.
Abolish the recently-established Supreme Court. Do not mess around by making appointments to this court reviewable by Parliament, just get rid of it. We managed for so many years with a High Court and appeals to the Law Lords. Tweak the Law Lords part, but ditch the Supreme Court as being yet another layer of very expensive bureaucracy that we managed fine without, for centuries.
3. Clarify and codify the role of Speaker
The current arch-Remoaner Speaker has ignored centuries of tradition. Reinstate the tradition that the Speaker, on the advice of the Clerks of the Commons, adheres to precedent.
I like most people always see things simply. If a party were to stand on a manifesto of the instant repeal of the FTPA, allowing elections to be called when needed, we would not have the democratic deficit which exists today. I also think people would also understand the other two issues if these were explained properly. Just let the people decide.
Do not underestimate the British people
Finally, it is clear as day to all of us that the Establishment learnt nothing from the EU referendum.
For over four years I have been researching the UK’s membership of the EU on a daily basis, seven days a week. For the last three years, I have listened in increasing, open-mouthed astonishment at some of the outpourings from Remainer MPs, who clearly know almost nothing about the EU.
Despite the best Remainer efforts of organisations such as the BBC, Sky News, and ITN, people have been drawing their own conclusions. British people, on the whole, do not like being bullied by foreign governments — or quasi-government in the case of the EU. Nor do they like the feeling that democratic votes are not being respected.
If the luvvies in Westminster don’t hear the voices, l certainly do. I strongly recommend that they wake up and smell their Cinnamon Dolce Latte coffees on their way into work this morning. If not, I fear there will be a big movement to ‘drain the swamp’. And this will not be like anything Remainers will have seen before.