Posts

Showing posts from January, 2020

Brexit Britain destroying the rule of law

Image
Brexit is a contest between a majoritarian system of government, in which a simple majority can enact any law, regardless of the impact on individual citizens’ rights, and a constitutional system in which the fundamental rights of citizens can only be changed through broadly-based consent.
The lack of robust constitutional defence for citizens’ rights is a recurring theme in various legal challenges in the UK courts since 2016. English courts have delivered a consistent view that Parliament is the sovereign power. It alone can decide on whatever course of action it likes and anyone whose rights are threatened or diminished has little choice but to accept this, or move elsewhere.
Most modern democracies, including the USA and the EU states, have written constitutions, defining citizens’ rights and the limits of government power. The UK’s unwritten constitution imposes few limits on government action. EU law offered a proxy for constitutional stability, during the years of UK membership…