The legal war of attrition against Brexit


Blackleaf
#1
Another week, another step along the road to Britain’s transformation into a kritarchy...

The legal war of attrition against Brexit

Ross Clark
11 September 2019
The Spectator


Protestors outside the Court of Session, Edinburgh

Another week, another step along the road to Britain’s transformation into a kritarchy– rule by judges. Last week, the Court of Session in Edinburgh and the High Court in London both ruled that Boris Johnson’s decision to prorogue Parliament for five weeks had been lawful.

But if you thought it was all over you haven’t read Bleak House. Just as Dickens’s fictional family, the Jarndyces, were torn apart by an endless legal dispute, Joanna Cherry and her lawyers are going to take this to the wire. It turns out that the Court of Session has an Inner House, to which you can appeal if you don’t like its first decision. This morning, three judges reversed last week’s decision and decided that it was, after all, illegal.

It will now, together with the High Court case in London, ultimately end up in the Supreme Court. Why can’t we just start legal cases in the Supreme Court? It is reminiscent of the Scottish Cup final in the old days, before Rangers exploded financially – you were left wondering what was the point of all those preliminary rounds when the competition could have been reduced to a single game between Rangers and Celtic.

Except, of course, the Supreme Court isn’t actually supreme at all – there is always the European Court of Human Rights if you don’t like its judgements. Oh, and did I mention the parallel case in the High Court in Belfast – a third offensive in the legal onslaught which the Remain lobby is hoping might finally help frustrate Brexit?

There are certain people – who might loosely be grouped together under the term ‘lawyers’ – who will find this a satisfactory way to resolve the political affairs of the nation. They hold that governments must obey the law (which of course they should), and that this principle must be applied to its natural conclusion, the matter in hand being taken to ever-higher courts, even if judges themselves cannot actually agree what the law is.

The rest of us – whether we voted Remain or Leave – might just step back for a moment and ask what is really going on here. The government held a plebiscite in which the people voted by a small margin – but a margin nonetheless – to leave the European Union. The process of enacting that decision is now under attack, not just through Parliament but through the courts.

Besides the prorogation case and Gina Miller’s Article 50 case (which was won) we have also had a case brought against Boris for supposedly lying during the Brexit referendum campaign (which was lost). There are even bizarre arguments being made that Brexit can be challenged because it in some way breaches Britons’ human rights. Many will presumably be hopeless, but it is the accumulation of these speculative cases which matters.

Gina Miller and her type claim to be acting on behalf of democracy, but they are doing the opposite – they are eroding it. We are evolving a system of government in which it is money and judicial opinion which ultimately matters.
https://blogs.spectator.co.uk/2019/0...gainst-brexit/
 
Cannuck
No Party Affiliation
-1
#2
The Brittish are such a silly people
 
Blackleaf
#3
Turning Brexit into a crime

Remainers are using the law to subvert the will of the people.



Brendan O'Neill
Editor

13th September 2019
Spiked

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This week, the Remainer elite’s war on democracy reached fever pitch. There is now a distinct whiff of autocracy in their campaign to overthrow Brexit. Their aim seems to be to criminalise Brexit, to make it an actual offence to walk away from the European Union.

Remoaner politicians constantly complain about the rhetoric of Brexiteers. But this week their own rhetoric became genuinely alarming. They now speak openly about imprisoning those who try to bring about a clean-break Brexit (‘No Deal’). They compare politicians who refuse to extend Britain’s membership of the EU to common criminals.

So John Bercow, the puffed-up Speaker who abused his position in parliament to try to subvert the people’s will, says Boris Johnson will be no better than a ‘bank robber’ if he refuses to delay Brexit and take No Deal off the table.

Because the Benn Bill voted through by MPs last week outlaws No Deal and demands an extension to our membership of the EU, anyone who defies it is just a no-good criminal, Bercow says.

Meanwhile, anti-democratic lawyers are taking legal action in Scotland to ‘compel Boris Johnson to seek an extension to Article 50’. One of these lawyers – Jolyon Maugham – has said of Boris: ‘he’ll either see the extension or he’ll go to prison.’ That is, keep us in the EU or you will go to jail.


Video

‘A second referendum would be a stitch-up’ – Tom Slater vs Femi Oluwole

These people have lost it. It is a striking insight into their tyrannical mindsets that they can so casually speak of criminalising and jailing anyone who wants a clean-break Brexit and wants it now.

They are using the law to make it a crime to pursue the thing that millions of people voted for: leaving the EU. This genuinely feels like a coup, where a tiny but powerful elite uses its power and its connections to make it a crime for politicians to be faithful to the people’s will. They are tearing apart the democratic fabric of this nation.

https://www.spiked-online.com/2019/0...-into-a-crime/
 
Blackleaf
#4
ROD LIDDLE If Brexit is foiled by unelected judges our democracy will be crippled

COMMENT
Rod Liddle, Sun Columnist
19 Sep 2019
The Sun

SO, Brexit is now in the hands of 11 unelected judges in the Supreme Court, all of them pretty much Remainers.

We should find out what their royal holinesses, or whatever the hell you’re meant to call them, decide by Monday. I wouldn’t be too hopeful, frankly.

Since we voted to leave the European Union the provisional wing of the Remain movement has used every undemocratic trick in the book to stop it happening.

First they used unelected judges to ensure Parliament has the final say on whether we Leave or not, rather than you. They’ve also used the unelected House of Lords to try to block Brexit.

And they have now dragged the Government into court three times — all to thwart a decision you made, in good faith, believing it would be seen through, back in June 2016.

Now we have an independent judiciary. Everyone is very proud of that.

Our courts are separate from the Government and that is as it should be.

We are also not meant to criticise our judges, although that never stopped the liberal lefties when they were moaning about judges making rotten decisions.

Indeed, liberal-lefty Remoaners have some very strange allies these days.

The Remain movement has used every undemocratic trick in the book to stop Brexit happeningCredit: Reuters
Unelected, public-school educated judges. Former Conservative Prime Ministers, such as the hopeless John Major. And the Speaker of the House of Commons, another Conservative, John Bercow. Oh, and the unelected bureaucrats of the European Union.

They’ve suddenly decided they love them, too.

But while our judges may well be independent from the Government and party allegiance (up to a point), it does not mean they are not biased. Like all of us, they have political views. And it is ludicrous to suggest those views never intrude into the decisions they make.

Of course they do. All the time, I would suggest.

The case currently being heard charges the Prime Minister with lying to the Queen about the suspension of Parliament. If these judges decided everything purely on a matter of law, then two separate courts — within weeks of each other — wouldn’t have come to completely opposite views about the case.

Our High Court decided it was all a political matter and not for judges to intervene. The Scottish judges decided otherwise. So now the whole thing rests with those 11 eminent “justices” in the Supreme Court.

FINAL NAIL

Right from day one, the Battle for Brexit has been between the people and the liberal, pro-Remain establishment. By “establishment”, I mean the BBC, for example — massively in favour of Remain.

Also big business, the House of Commons (more than six to one in favour of Remain), the universities (93 per cent in favour of Remain) and, of course, judges and the courts — pro-Remain by an estimated 90 per cent.

It has always been an uneven battle. It has always been a battle the people were going to lose, I fear to say. As I wrote here once before — peasants’ revolts rarely work out well here for the peasants.

If the judges rule against Boris Johnson, it will be just about the final nail in Brexit’s coffin. And if that is the case, who of us will go to the polling booths in future believing our views will be respected?

It would be a crippling blow not just for Brexit, but for our democracy.

Bono's not so hindU2

U2, the world’s most pompous rock band, have announced their first gig in India, this December.

You might have thought the poor bloody Indians had enough on their plates without Bono paying them a visit.

Anyway, Bono says he feels empathy with them because he is Irish. And like Indians, the Irish had suffered from Bruttish Uppression.

Listen, you grand- standing, virtue-signalling dingbat. Just play your awful songs and get out of town. Then go count your money in your low-tax overseas bank account.

Spare us all the politicising.

And that boring song, the one where you keep complaining that you still haven’t found what you’re looking for? It’s in the garage, behind the lawnmower.

Keep meeting useless EU leaders, BoJo

BORIS Johnson should keep meeting the leaders of EU countries, especially the most useless of them.

Such as Xavier Bettel, from the wholly pointless country of Luxembourg, a place the size of Wiltshire.

Bettel – another pompous, jumped-up little puffin – was rude and spiteful to our Prime Minister.

And every time something like that happens, back home our determination to get the hell out of this woeful organisation strengthens.

You're spot on Mr Mayor

POLITICAL hero of the week is the mayor of a very small Belgian coastal town, Middelkerke.That gargantuan oaf Jean-Claude Juncker, president of the European Commission, had just returned from a visit to Belgium. He complained that towns in the Flemish part of the country weren’t keen on French speakers. (Quite rightly, really.) He said he’d ordered a steak in French and they refused to understand him.

Cue local mayor Jean-Marie Dedecker: “I think Juncker was drunk when he came here and ordered his steak. He was probably unintelligible to the shopkeeper.”Sounds about right. Well said, mate.

https://www.thesun.co.uk/news/995795...racy-crippled/
 
Blackleaf
+1
#5  Top Rated Post
The Remainers have long accused the Leave campaign of breaking electoral rules. But it's the Remain camp that broke electoral rules:

This is How Remain Campaign Broke Electoral Rules. As Boris Johnson travelled to Europe to meet with the EU officials and the Luxembourg Prime Minister, they decided to play a media stunt by holding a press conference outside where a lot of Remainer campaigners were waiting for them. Meanwhile in the UK, the Remain campaign have been found to not play by the rules by the electoral commission. This shows the hypocrisy of the Remain side as they spent years claiming that Brexiteers did something wrong.

https://m.youtube.com/watch?v=JwU0KwmdR_A
 
Hoid
#6
Brexiter cry about heir precious democracy while making sure no more referendums or elections are held.

It doesn't matter where you go the right wing is always the right wing
 
Blackleaf
+1
#7
Quote: Originally Posted by Hoid View Post

Brexiter cry about heir precious democracy while making sure no more referendums or elections are held.

It's the overwhelmingly Remain-backing Parliament which vetoed - twice - Johnson's call for a General Election, you moron.

And as for referenda, the Remainers are trying to overturn the result of the EU referendum before it has even been democratically implemented.
 
Danbones
Free Thinker
#8
Quote: Originally Posted by Cannuck View Post

The Brittish are such a silly people

Only someone who looks up to them could say something like that.
 
Danbones
Free Thinker
#9
Quote: Originally Posted by Hoid View Post

Brexiter cry about heir precious democracy while making sure no more referendums or elections are held.

It doesn't matter where you go the right wing is always the right wing


Quote:

It's the overwhelmingly Remain-backing Parliament which vetoed - twice - Johnson's call for a General Election, you moron.

...and you Britain hating commie nazi globalist pedos are always Britain hating commie nazi globalist pedoes.

So what's your point again?
 
Blackleaf
#10
PETER HITCHENS: Supreme Court? The title is fiction. It might as well be passing judgement on a bottle of wine

By Peter Hitchens for The Mail on Sunday
22 September 2019

Actually, there is no such thing as the Supreme Court of the United Kingdom. They can call it that if they like, but the title is a fiction.

There is nothing supreme about it.

Until we leave the EU, our actual Supreme Court is, as it has been for many years, the European Court of Justice in Luxembourg.

But if we ever manage to escape from the EU, then Parliament is a far higher court than this self-important assembly of lawyers in suits.


You might as well get the Supreme Court to rule on whether the red wines of Burgundy are better than those of Bordeaux. Campaigner Gina Miller is pictured leaving the Supreme Court


Keen observers of the ridiculous hearings of the past few days will have noticed the bare, almost republican room in which the court meets, less grand than some council committees I have attended.

The judges – and the lawyers appearing before them – do not wear the traditional robes and wigs which say so loudly that those who don them are serving the law, and are not just politicians or bureaucrats.

The nasty thing has been grafted on to our free constitution by Blairite revolutionaries – many of them Left-wing lawyers.


Until we leave the EU, our actual Supreme Court is, as it has been for many years, the European Court of Justice in Luxembourg. Demonstrators are pictured outside the Supreme Court in London

They had long planned a slow-motion putsch against conservative Britain. For this tiny, self-important group of men and women realised that they had an astonishing power.

They were allowed to decide what the law meant. And nobody could challenge them.

This was bad enough when they took advantage of the vague wording of ‘Human Rights’ charters.

They used this to invent all kinds of rights for those members of society they favoured and wished to help.

In the same way, they abolished the former freedoms of those who had been in charge before.


Personally, I think Al Johnson’s action was a shabby trick (though it failed to work). But the idea that the courts should have anything to say about proroguing Parliament is absurd


No need to storm the Bastille or capture the barracks and the railway station. Just issue a judgment, and abolish the morals and customs of ten generations in an afternoon.

For example, like it or not, state schools are going to teach children about homosexuality. This is now the law.

That use of the law to change our culture and morals was revolutionary enough. That brilliant mind, and former Supreme Court judge Lord Sumption, recently warned this would ‘entrench a broad range of liberal principles’ in the foundations of the State. Democracy would then be almost powerless to remove or limit them.

He then accused his fellow lawyers of being so sure they were right that they claimed a monopoly on deciding how the country should be governed.


Lord David Pannick is pictured above representing Gina Miller during the case. I just hope the ‘Supreme Court’ will have the sense to recognise this and throw the whole thing out

He warned, with astonishing brutality, that such a belief is ‘no different from the claim of communism, fascism, monarchism, Catholicism, Islamism and all the other great isms that have historically claimed a monopoly of legitimate political discourse on the ground that its advocates considered themselves to be obviously right’. Crikey.

The readiness of the courts to hear legal actions against the Prime Minister’s suspension of Parliament is a whole new outrage.

Personally, I think Al Johnson’s action was a shabby trick (though it failed to work).

But the idea that the courts should have anything to say about proroguing Parliament is absurd.

There is no law, no precedent. Within our constitution, Prime Ministers can do this sort of thing and often it will be right and necessary.

You might as well get the Supreme Court to rule on whether the red wines of Burgundy are better than those of Bordeaux.

The judges could have a lot of fun examining the matter. But their opinion, at the end, would be worth nothing.

And so we see from the ‘evidence’ presented at this gathering of learned kangaroos. It’s all opinions.

I’m all in favour of opinions. I express lots of them. I wish my opinions influenced politicians and judges, and the people. But opinions are not laws, and they are not facts.

Ten thousand brilliant legal brains could not read Mr Johnson’s mind or prove that he misled the Queen, and Her Majesty is certainly not going to give them any evidence on that score.

I just hope the ‘Supreme Court’ will have the sense to recognise this and throw the whole thing out. But in such frightening times as these, I can’t be sure.

Our whole tradition of fair, wise government is tottering, and I am not convinced it can survive these games.

https://www.dailymail.co.uk/debate/a...ttle-wine.html
 
Blackleaf
#11
TONY PARSONS In the pro-Remain establishment safe spaces of Parliament and the Supreme Court, no one can hear the people scream

Comment
Tony Parsons
22 Sep 2019
The Sun on Sunday

IF you want to suck up to the establishment in this country, then you better back Brussels.

If you want to be a well-paid talking head at the BBC, or climb the greasy ladder in Westminster and Whitehall, then you must say that only thick racist peasants who will all soon be dead voted to leave the European Union.

In the pro-Remain safe space of Parliament, no one can hear the people scream Credit: Getty - Contributor

Even when warbling Land Of Hope And Glory at the Last Night Of The Proms, you should sport a blue EU beret and wave the EU flag as though you would die for it.

Want to get ahead? Then bend the knee to Brussels.

Because backing Brexit has always been the anti-establishment belief.

The real rebels are not grey old men like John Major. The true dissenting voices are the millions of ordinary, working-class patriots who believe — and it is such a simple belief — that we can be a free and independent nation once more.

The true dissenting voices are the millions of ordinary, working-class patriots who voted Leave Credit: UK PARLIAMENT

Remain could not win the argument at the polling booths. Even today Remainers are running from a general election. But Remain may yet win in

Parliament and the Supreme Court — those comfy, pro-Remain safe spaces for the British establishment. In the Supreme Court and Parliament, they can’t hear the people scream.

And yet David Cameron seems to truly believe that Boris Johnson backed Brexit only as a cynical career move.

“The conclusion I am left with is that he (Boris) risked an outcome he didn’t believe in because it would help his career,” Cameron told ITV’s Tom Bradby.

But the idea that backing the Leave side is a cunning career move is stark raving bonkers. If all you cared about was your career, then Remain has always been the only sensible option.

BRUSSELS-LOVING ESTABLISHMENT

From the House of Commons to the House of Lords, from Whitehall to Broadcasting House, from every living ex-Prime Minister to the President of the United States, from the head of the IMF to every stand-up comedian looking for a gig on TV panel shows, from the presenter of Match Of The Day to Dame Emma Thompson and every luvvie in luvvieland, the might of the establishment has always been fanatically in favour of the UK remaining in the EU.

The rich, the powerful, the famous, the educated, the elite. And if all Boris Johnson cared about was his career, he would have sided with them.

Cameron is quite right to suggest that it was the Leave side that appealed to the Tory heartlands — “so loaded with images of patriotism, independence and romance,” Dave sighed, with a touch of what sounded like envy.

But it is still crackers to assert that Boris helped his career by taking on the Brussels-loving establishment.

TOXIC TIMES

Far from being a cynical career move, backing Leave could have seen Boris Johnson’s political career end in catastrophic failure. And it still might.

When the PM promises to deliver Brexit “do or die,” the “die” bit is a distinct possibility. Rich Remainers have failed to persuade the people that

Brexit is bad so they seek to persuade Supreme Court judges to make Brexit go away.

One day you may wake up to discover that a law has been passed or a High Court ruling made declaring that Brexit is illegal. On that day, democracy is dead here.

Whatever happens to Brexit — if it is banned, delivered, cancelled, or if we end up with some token Brexit in name only — the lasting legacy of these toxic times will be that the establishment dismissed the largest vote for anything in our country’s history.

A British Prime Minister — David Cameron — looked us in the eye and told us that whatever we decided, our decision was final.

COUNTRY TORN APART

Parliament has placed itself above the people. The courts place themselves above democracy. MPs shun a general election. Our freedoms are betrayed by an elite who think they always know best.

For over three years, the establishment has treated our people with an unfettered, sneering contempt.

Whatever slippery ruse they come up with next to abort Brexit — from arcane Parliamentary procedures to sombre Supreme Court rulings, to ducking a general election to collaborating with Brussels — their apocalyptic arrogance will never be forgiven or forgotten.

The bitter national debate that has torn our country apart has never been about Remain versus Leave.

It has always been about the establishment versus the people.

And guess who is winning?

https://www.thesun.co.uk/news/opinio...establishment/