We live in
a representative democracy, not a popular one. At least such appears
to be the basis of the Appeal Court Judgement insisting parliament be
consulted before the triggering of Lisbon Article 50 can initiate the
UK's withdrawal from the EU.
The
European Communities Act of 1972, we are told, conferred rights upon
UK citizens which only another parliamentary decision can remove.
Now my
understanding was that UK Common Law is framed upon a different
basis from Roman Law. The latter, as applied in continental Europe,
grants citizens specific rights with the state held to be the source
of those rights. The former operates upon the assumption that the
citizen has the right to do anything that the law does not
specifically prohibit - in other words the state is the servant of the
citizen not vice versa.
The meld
of these two systems during our membership of the EU has been an
uneasy compromise, but I for one would be reluctant to accept that
the Roman system has entirely superseded our own superior one.
Accordingly
I would argue that the Act in question confirmed rather than
conferred UK citizens' rights and hence the citizens can themselves
determine whether they wish the continuance of the same.
Given that
the citizens have made such a determination, it seems superfluous (to
say the least) that parliament, which in the UK holds its sovereignty
from the people, should be required to confirm that the people have
made the correct decision.
Everyone
knows that the people were denied a say in this issue for forty years
because all major political parties supported the principle of EU
membership. Even the formation of UKIP did not end this at the
parliamentary level because our first past the post electoral system
is so heavily weighted in favour of the status quo.
Therefore
it is obvious any parliament would inevitably hold a majority of
Remainers and that a referendum would be the only way for the popular
will to be expressed.
The
Referendum Act was framed in such a way as to make the plebiscite
advisory rather than mandatory, but it was also clearly the will of
parliament that the people should decide.
The EU has
already set several dangerous precedents by insisting on the
overthrow of democratic decisions in other countries.
The danger
is now that the letter of the law will be used to thwart its spirit.
Parliament should think carefully before bringing UK law into
disrepute in this way.