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The new Brexit court case

I should mention the remarkable court case that is currently happening. Robin Tilbrook, a lawyer and the founding member of the English Democrats, has taken the government to court arguing that Theresa May’s Brexit extension was illegitimate, and so we have in fact already left the EU.

Tilbrook’s arguments are very much like the ones I have been making recently. May had no authority to extend the Brexit process by simply signing a letter. Such an extension should require a full Act of Parliament; in the absence of that Theresa May’s signature on any agreement with the EU has no force.

This especially applies after the Gina Miller ruling that the PM has no authority to sign an exit deal with the EU on her own — an Act of Parliament is required to validate that.

Unfortunately, while I totally support the court case and the reasoning behind it (as does Bill Cash), and wish it the very best, I’m pretty pessimistic about its prospects. This is because in this sort of case the judges can pretty easily wriggle around to get the result they want. It’s not a simple cut-and-dried situation (actually, even with those we’ve seen that judges are pretty brazen about just ignoring the law). There’s so much interpretation involved that the hook can easily be wriggled away from. And the British judiciary these days is, like every other part of the Establishment, full of left-leaning Remainers. And not just passive Remainers, but active Remainers, looking for any and every opportunity to stop Brexit.

And it knows which side its bread is buttered on as well. It’s a long time since the judges had any real independence from the government and the executive. They know who their real paymasters are. Any judge taking a stand against the government only does so from the left, and only because they know they have the rest of the Establishment behind them.

So I think the chances of this case succeeding are pretty remote. An excuse will be found to throw it out.

Even if by some miracle it gets a fair judge, or judges, who uphold it, it will most likely by appealed, and you can guarantee that at the next level it will be squashed. One miracle is barely possible; the chances of getting two, or three, in a row are astronomically low.

Still, the case was definitely worth fighting. If you don’t fight you’re guaranteed to lose. But it’s still likely to be the ballot box where Brexit is finally won. (Let’s hope so anyway, because after that it will be the streets.)

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9 thoughts on “The new Brexit court case

  1. The mainstream media is effectively denying it coverage. If hardly anyone knows about it then there’ll be no outcry when it is kicked in the teeth and beaten to a pulp in a dark alley.

    Did you know that the new Daily Express editor is a pro-immigration Remainer, installed by the new regime? He hasn’t been able to change things as much as he’d like due to fear of losing all the readers, but he’s toned things down a lot. (The online version of the Express has a different editor who is not as bad as the print editor.)

  2. It is money not miracles & media coverage that is are needed for this case to be heard. If the Miller judgment is sound, and it was a supreme court appeal ruling where the government lost, then Tilbrook has a case. Miller won because she had money, if Robin’s case gets to court and is heard/taken seriously I think the Bexiteers will find all the money needed to exhaust all legal avenues.

  3. If, British politicians still believed in democracy, we would have left the EU on 29th March. British journalist and Media have failed us by choosing personal bias over news. Our politicians have failed to deliver on their promises to leave EU. It should not surprise anyone that the courts are also preparing to fail to deliver justice as well. Has this country really sunk so low that Justice is not only blind, but deaf, and dumb as well? Britain’s are crying out for politicians to do their job, as they promised. We need someone with superior courage to step forward, and say enough talk, this country needs action, not more words.

    Remain-ite politicians who do not respect the results of the Brexit referendum should leave politics. Only Dictators and Tyrants arrogantly dismiss the result of a legal and democratic vote. As a Leave voter, I don’t need another referendum, asking “Is this what you voted for”? I wasn’t lied to, or misguided by the Leave campaign, I made up my own mind. And it didn’t take me three years, or endless delays.

    I would also like to point out that the EU should share in the blame for the current crisis. British politicians always have to negotiate and add amendments to bills; especially when they go to Brussels. The EU Withdrawal agreement was always going to fail; when the EU said they will not Negotiate on WAB, it stopped Brexit in its tracks. Such momentous, life changing Bills (example WAB) should never contain the words “no negotiation”, it is a political cul-de-sac.

    If the courts fail us, who can we turn to? Remain is not the answer, it will only add to the problem. Other EU members are asking should we also have an Exit referendum. We could be witnessing the final days of the European Union.

  4. I find it utterly disgusting that all these so called polations can do what they want when they want delay or stop what the public voted for what was it all of them said this a once in a life time vote no one will interfere in that 3 and and bit years going on nearly four I find this disgusting and all the time drawing a wage and expences

  5. Why doesn’t the PM withdraw the defense to the action, surely the courts must then rule that former PM’s actions were not legal and UK is out on 29/3/19

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