Article 50 and the dictatorship of the “democratic” majority
By Brendan Donnelly
Director, The Federal Trust
During the EU referendum of last year, there was much talk of the supposed estrangement between British voters and their political representatives. The narrow victory of the Brexit camp has since often been cited as proof of this estrangement, given that the overwhelming majority of Parliamentarians favoured remaining in the European Union. If there was indeed some gap of political preferences on the European issue between Parliamentarians and voters last year, this gap has now been replaced by another, more flagrant asymmetry. Voters wishing to leave the European Union may have been statistically underrepresented in Parliament in 2016, but those wishing to remain in the Union or to leave only on consensual terms are in 2017 deprived of any effective Parliamentary representation whatsoever. The Conservative government has met disturbingly little Parliamentary opposition in its chaotic course towards the most disruptive of Brexits. Almost without exception, Parliamentarians have allowed themselves to be cowed into submission by the novel and dangerous concept of the “popular will” supposedly manifested in the advisory referendum of 23rd June 2016. Continue reading Article 50 and the dictatorship of the “democratic” majority
How long will Parliament ignore the 48%?
by Brendan Donnelly, Director, The Federal Trust
David Jones, the Minister for Brexit, assured the House of Commons this week that it would have the opportunity to vote on the treaty negotiated by Mrs. May’s government to bring about British withdrawal from the European Union. This assurance provoked mixed reactions. It helped to suppress a brewing Conservative revolt, but was widely criticized on the Opposition benches as giving no meaningful choice to the House of Commons, since the Minister had made clear that Brexit would anyway proceed, irrespective of the outcome of the Parliamentary vote. Both the welcome and the criticism for Mr. Jones were equally illuminating. Neither his supporters nor his critics seemed to recall that Parliament has the right to decide for itself whether it wishes to vote on the Brexit treaty and that it is up to Parliament to decide what the consequences of any such vote might be. Parliament does not need to be dependent upon more or less tasty morsels from the governmental table furnished by Mr. Davis. The willingness of many Parliamentarians to subsist on a constitutional diet determined by the government well reflects the indecent haste with which they have rejected (at least for the short term) the chance offered it by the Supreme Court to play an autonomous role in the UK’s proposed withdrawal from the European Union. Continue reading How long will Parliament ignore the 48% ?
IRELAND FACES HEAVY COSTS FOR BRITAIN’S BREXIT FOLLY.
By John Palmer
In the complex and sometimes arcane debate about the British government’s Brexit crusade, little attention has been paid to the consequences it will have for our neighbouring island, Ireland. In government circles there appears to date to be only limited awareness of the future implications the UK’s departure from the EU could have on future Anglo-Irish relations. Continue reading Ireland faces heavy costs for Britain’s Brexit folly
In this article our director Brendan Donnelly argues that the triggering of Article 50 will not be the end of the Brexit story. Mrs May is likely to face over the next two years growing obstacles in her path of extricating the UK from the European Union. There is a chance that these obstacles could be so numerous and so severe as to prevent Brexit from happening altogether.
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By Brendan Donnelly, Director, The Federal Trust
When challenged about its claimed right to initiate the process of taking the United Kingdom out of the European Union without Parliamentary consent, Mrs. May’s government has relied on two arguments, one legal and one political. The first is that the renunciation of treaties, such as the Treaty of Rome, is under the UK’s largely unwritten constitution an executive privilege of government. The High Court on 3rd November decisively rejected this claim by the government, a decision that will be challenged in the Supreme Court next month. Whatever the decision of the higher court on the strictly legal issue, it will leave open the broader question of the political and ethical appropriateness of the British government’s seeking to leave the European Union without Parliamentary sanction. In response to this challenge, the government deploys its second, political argument, that the British people have spoken in the referendum of 23rd June, their decision to leave the European Union is irrevocable and those who seek to reverse it are acting undemocratically. This claim deserves much more critical scrutiny than it has received in public debate over recent months. Too many commentators and politicians have allowed themselves to be browbeaten and morally blackmailed by accusations from the government and its allies in the media that the referendum of 23rd June, with its narrow majority in favour of ill-defined revolutionary change, constituted a mandatory basis for whatever action the government decided it wished to take in interpretation of that decision. Continue reading A “Titanic” success for the government in the High Court