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.
We are filing in the High Court our 'Claimant's Reply to the Defendant's Summary Grounds of Resistance' in:- The Queen on the Application of the English Democrats – v – The Prime Minister (1) The Secretary of State for Exiting the European Union (2) – Case No. CO/1322/2019
— Robin Tilbrook (@RobinTilbrook) April 24, 2019
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.)