Home > Brexit > The Supreme Court has lit the fuse on a time bomb sitting under our democracy and whole system of government too

The Supreme Court has lit the fuse on a time bomb sitting under our democracy and whole system of government too

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The legal profession in the UK has been its own worst enemy for a long time.

Whilst reform has been long overdue in probably every area of Law, like most devices linked to the rule of Government in this Country, the breaks have been plastered over again and again and the system has repeatedly failed all of us.

Like politics itself, the people with responsibility have either forgotten or overlooked what’s right for everyone and replaced it with whats right for them in some or other mitigated form.

Perfect judgement of anything is rarely possible, because it is impossible to be aware of or understand all of the facts. And by facts we must not exclude non-material evidence, because thinking itself would also be taken into consideration if the perfect judgement were genuinely the aimed-for thing.

For practical reasons that include the functioning of what we consider to be a ‘normal‘ or civilised society, it is necessary for the Law to work set against a framework of Laws, precedents and past Judgements as a guide to identify the milestones and benchmarks of legal circumstances and know that a decision is being made against the ‘right’ things.

When it comes to matters that sit outside precedent or the Law making of our Government, it stands to reason that the highest Court in the Land which is now the Supreme Court, should be consulted and be asked to consider what precedent to set upon  those things.

Yet the dynamics of the relationship between primary Law makers (Government, ultimately representing the People) and the administrators of the Law (The Judiciary, ultimately representing the Government) is one that should never be impinged.

To do so brings into question where the power of our democracy ultimately falls.

The ruling by the Supreme Court today against the Government that the current Prorogation of Parliament was unlawful has stepped over a fundamental fault line in the way that our system of Democracy has previously been successful and worked.

Laws have been created under the power of the electorate via the ballot box, through the election of representatives of the people.

Until today, we have not been a Country that has been under the rule of the Courts.

As I outlined in a recent blog, there can be no suggestion that Boris Johnson’s prorogation of Parliament was absolutely right. But the circumstances which led him to the place where he made that decision were simply unprecedented too.

There should have been acknowledgement from the Supreme Court that the nature of the circumstances that have led to the Prorogation have themselves led to the experience for both the Government and the Courts.

Regrettably, the Judges of the Supreme Court have not done this. And our concern should now be what impression this will leave in people’s minds when we know that the way that politics works is broken and that change is an inevitable thing.

We have a Parliament that has refused to obey the will of the people by enacting the instruction of a democratic vote; refused to go back to the people when a confirmatory vote in the form of a General Election was offered – not just once, but twice, and has now encouraged the highest Court in the land to intervene in support of what at best can only be called their very questionable actions. All without the people being allowed to become involved in the process and being allowed democratically give their view on whats been happening, without Parliament first taking every step it believes that it can, to stack the deck in its favour of being returned en masse in order to frustrate once again the meaning of that original 2016 European Referendum Vote.

As those who have taken the time to study the steps and pathways that dictators take to power will already know, one of the first things they look to destroy or take control of is the system of Law and the Judiciary.

With the state of our so-called democracy being in the condition that it is and the self-serving behaviour of our MPs wrecking the whole concept of a working democracy in the way that it is, it is arguably the case that the combined efforts of all the people who should know better at the top of our establishment may have just combined to give any would-be dictator just cause.

 

image thanks to itv.com 

 

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