A lengthy and complex judgement …

Well today there was a glimmer of good news from the clusterfuck that is British politics at the moment: the High Court has found for the claimants in the Article 50 action, meaning that (pending Supreme Court appeal), Parliament’s approval is required to invoke Article 50. Cue, of course, all those who foamed at the mouth about “the sovereignty of Parliament” now foaming at the mouth because, um, Parliament has been held to be sovereign. This action was never about stopping Brexit—though I live in hope that will happen, and this is certainly an aid along the way—but about ensuring Parliamentary oversight of it.

No need to rehearse all of that here: but there is a piece of fallout from today that I think is worth noting: the statement made to the House of Commons by David Lidington, the Leader of the House, concerning the result. It is, he said, “a lengthy and complex judgement.”

I urge you to go and read this lengthy and complex judgement. It runs to 32 pages and 111 numbered paragraphs (probably about 150 in total). I read it in about ten minutes. Most of it is setting out the background and context: the findings themselves are a mere ten pages. Far from being complex, the judgement is remarkably pellucid (© Robert Jay, 2012): constitutional precedent and laws indicate that the royal prerogative (the government’s authority to take executive action) cannot overrule primary legislation regarding domestic law; that the European Communities Act 1972 is primary legislation that, by incorporating EU law within UK law, has granted UK citizens a range of rights under law; that invoking Article 50 would start an “irrevocable” process that would result in withdrawal from the EU and consequent loss of those rights (a point agreed on by the government prior to the judgement); that the government’s claim that it would replicate those rights in UK law was not germane and, anyway, there are some rights (such as appeal to the EU Court of Justice, and the right to elect MEPs) that UK domestic law could not replicate; and that the government therefore lacks the authority to invoke Article 50.

I have published case law. This is a concise and clear judgement: try wading your way through the various company law test cases in the late 1980s and the 1990s. To claim that the judgement is “lengthy and complex” is, quite simply, not true. What depresses me is how unnecessary Lidington’s lie was, and what it shows about the “post-truth” state of our politics, where a government minister can blithely misinform the House simply for the convenience of not being asked awkward questions (such as: “this is a pretty unambiguous finding, isn’t it?”) and not an eyebrow is raised.

 

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s