Whatever happens in the High Court and the Supreme Court with Tilbrook’s Writ, it is important to know that Britain left the EU on the 29th March 2019. Under the terms of The Withdrawal Act 2017, which has not been repealed, at 11pm on the 29th March Britain left the EU.
The rest of the Parliamentary discussions about Brexit are simply waffle as no Act Of Parliament resulted. The Law is created not by debates and votes in the Commons or the Lords, but by Acts Of Parliament, which have to follow a set procedure of Readings and be signed by the Queen.
The government might argue that negotiations about Britain’s Withdrawal were handled under the Royal Prerogative, but as the Gina Miller case recently stated that Britain’s withdrawal can only happen (or not happen) by Act Of Parliament, and not through use of the Royal Prerogative, that suggestion does not hold water.
The Government claim they used Statutory Instruments created by a different Act of Parliament which was about details of how withdrawal was to occur, not whether we withdrew or not. This is palpable nonsense, and was a desperate attempt to get round the fact the Government could not get an Act passed to overwrite or repeal the Withdrawal Act of 2017.
The media has done almost nothing to explain this to the public, bar The Daily Express.
If Britain is to be held as a prisoner inside EU structures against the will of her people, at least we can always say that legally we in fact left, and we are being held illegally against our will. We hold the moral high ground over our EU prison authorities.
The democracy we once had, managed to spit out the EU, even if ‘our’ legal system has already been captured, making it impossible to actually gain our freedom in practice. By leaving our departure too long, Parliament’s Laws maybe can now be overturned merely by ‘influence’. In effect our country will have already ceased to exist.
Even Article 50 says that the withdrawal negotiations of a member state must be carried out under the member state’s own Constitutional Laws. For Tilbrook’s Writ to fail, the EU would have to ignore its own Laws as well as British Laws. In fact Law would have nothing to do with it. It would simply be an illegal seizure of another country, carried out with the cooperation of its own government, media and judiciary.
Not that I want to insert any pessimism into the chances for Tilbrook. I have sent him support and have read the full details of the Writ. It should be persuasive to any judge under normal circumstances. I hope it wins.
But in the event that it doesn’t, it is important to know and to say that Brexiteers won the political battle.
It will only be because of power structures beyond Parliament and democracy that we will have been denied our freedom.
We can carry that thought with us as we soldier on through whatever horrors are to come. Britain’s democracy did what was right. Despite all the media and cultural programming for nearly fifty years, we still recognise the EU for what it truly is, a coming totalitarian state, and we did what we could to stop it. And we did just that if the Law has any validity.
Britons can be proud, and hold up our heads. In our minds, in our hearts and within our own Constitution we succeeded. That can never be taken away from us, no matter what the legal system manages to decide next week. We were true to ourselves and did all we could, even if the power of money and greed proves too much for the lawyers, the politicians and the media.
Tilbrook might yet succeed.
The public should be told what is happening. The events in the Royal Courts Of Justice are far more significant than anything going on in Westminster.
Just remind ourselves what has been given away in the Lisbon Treaty. We simply have to get out of it.