Britain left the EU at 11pm on the 29th March 2019. The Withdrawal Act of 2018 says as much. It was passed with three readings in the Commons, three readings in the Lords and signed into Law by the Queen. The Queen in Parliament is the Sovereign body of the United Kingdom, and its Acts are the basis of all our laws. The decisions of judges in our courts are another way that laws are created – the Common Law, but if an Acts of Parliament is in existence which relates to the circumstances of a particular case, that Act overrules all other sources of law.
So we left last night. I said three cheers to our house guests who looked totally bemused. In the absence of any other Statute to repeal the Withdrawal Act or supersede it, the terms of the Withdrawal Act apply.
If a government body attempts to enforce any EU measures or any term of a Treaty which is not also embodied into British laws enacted by Parliament, it would be open to anyone to go to court to have that government decision declared Ultra Vires and to seek compensation.
But that is the question. Who will enforce the law?
Is there a judge out there who will insist that an Act of Parliament the Withdrawal Act of 2018 must be enforced? If that judge so decides and he /she enforces the law as they should , will the government then have a right of appeal to the so-called Supreme Court? And if the Supreme Court in London were to agree with the judge in the lower court, will the government then appeal to the European Court Of Justice?
Would any European Court care one jot about British Acts Of Parliament? The ECJ would overturn the decision, in all probability, using the European teleological system, in which ECJ judges are able to abandon the strict text of Statutes, and state that anyone passing such a law would not have intended it to have such effects. They can abandon all wording of any Statute and come to their own conclusions, unlike the British legal system which must apply the exact words of a Statute.
If the law is not be enforced by the courts, will it be enforced by any other agency loyal to the Queen, such as the Armed Forces? The Armed Forces are knotted up in alliance within NATO, effectively an alliance which would not ever act to undermine the EU. Are we running out of options? How about Dad’s Army? That’s not entirely a joke. If enough ordinary people take up legal arms and bring cases against the government, it might overwhelm the system. Captain Mainwarings to the fore!
We need another Act Of Parliament to sever the right of appeal to the ECJ.
And a re-establishment off the Law Lords the former highest court in the land?
Meantime who’s this Barrow boy who thinks he’s above the law of Britain?