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Tory Brexit May Cause Constitutional Crises That Could Speed Up Independence

Updated on January 5, 2017

The Tories continue to confirm public estimates of their intelligence by painting themselves into a corner on Brexit and trying to paint the SNP into a corner labelled “The only way is Independence” Britain’s representative in Brussels throws Brexit into chaos by resigning early. Nigel Farage is being investigated by German Police and his former aide was arrested in the USA and could get 20 years.

A submission to the Supreme Court that could cause the mother of all constitutional crises suggests the Royal Prerogative cannot be applied in Scotland and that the English and Scottish constitutional traditions pull in opposite directions suggesting there is no such thing as a BRITISH constitution, written or unwritten.

The Supreme Court did not allow a QC to talk to a submission that is constitutional dynamite
The Supreme Court did not allow a QC to talk to a submission that is constitutional dynamite

A Submission the Supreme Court Censored is Constitutional Dynamite.

The supremely boring Supreme Court hearing that is due to rule, sometime this month (January 2017) on whether Article 50 requires a vote by Parliament or merely exercise of The Royal Prerogative by the unelected Prime Minister: the same person who, when Gordon Brown became PM insisted that he should hold an election because he had no mandate to govern. The court will also decide whether Westminster can unilaterally supersede Scottish Law with English Law (1,2). The Written Submission from Aiden O’Neil to the Supreme Court, on which he was not allowed to speak, is constitutionally a weapon of mass destruction, written in a style most laymen should be able to understand, though the arguments advanced need careful assimilation, and should be at least skimmed by every independence supporter who wants to understand the complexities of the issues involved.

Key Points of the Submission

  1. The court must balance the English constitutional tradition that Parliament is supreme against the Scottish constitutional tradition of the sovereignty of the people limiting the powers and rights of the Crown (and Parliaments).

  2. It argues, apparently, that there is no such thing as The Royal Prerogative in Scottish Law or Constitution

  3. It argues that if the UK Parliament had the power to trigger Article 50 unilaterally that would negate the express intent of Parliament in the Scotland Act.

  4. It also cites the Scotland Act which says

    The Scottish Parliament and the Scottish Government are not to be abolished except on the basis of a decision of the people of Scotland voting in a referendum (Emphasis added)

If the judges uphold the supremacy of Parliament they are dismissing the sovereignty of the Scottish people. If they allow use of the Royal Prerogative they are dismissing both the sovereignty of the Scottish People and the Supremacy of Parliament. It seems unlikely they can find a formulation that reconciles the two traditions. If they allow a Westminster vote but not a Holyrood vote they are dismissing the sovereignty of the Scottish People.

The amusing thing is that if Theresa the Unelected had accepted the High Court Judgment these issues mugh never have been raised. It is almost as if the Westminster Government wants Scotland to be Independent outside the rUK, perhaps so they can get on with a Hard Brexit as soon as Possible.

Britain’s Leading Brexit Expert Resigns

The UK Permanent Representative to the EU resigned and his resignation email mentions the fact that the Deputy Permanent Representative also need to be replaced and indicates the government do not have a Brexit plan. This left the British Team in Brussels rudderless and severely lacking in expertise. Michel Govefish, that expert in politics, will doubtless be glad another expert has bitten the dust. It seems the UKPREP was under pressure because his statement that it could take ten years to sort out Brexit was anathema to the mad hard Brexiteers who want an instant departure and are the sort of people who, seeing a stack of tins in a supermarket, yank out one of the bottom ones, collapse the whole stack thereby breaking a few windows then blame the staff for the disaster. In any case their devotion to Brexit is now becoming religious fanaticism of the sort shown by those US Bible Bashers who shoot abortionists and the work worshipping poor-hating priests of the Neoliberalism cult.

The Brexiteer reaction to this resignation on Social Media branded the UKPREP as some form of demon, an incompetent ignorant skiver working to foil Brexit. This despite the fact his resignation email shows that the was not against Brexit and saw opportunities for Britain after Brexit. Nigel Farage attacked him and said the whole civil service needed a good clear out. Farage also attacked his replacement as being another knighted career diplomat. Does Farage want the job himself or does he feel a random unskilled worker should get the job.

The Brexit movement resembles the crowd in the Life of Brian Sketch throwing stones at anyone who says “Jehovah”, targeting those deemed ideologically impure and illustrating the rule that anything that is repeated often enough and loudly enough is true, and the media view that anything is valid if it boosts ratings, and the sheep in Orwell’s 1984 bleating “The Will of the People” when anything to do with reality threatens to intrude their fantasies. This “Will of the People” is of course the Will of the ENGLISH people, with Scotland and Northern Ireland dismissed as backward brainwashed morons unable to build tarred roads north of Carlisle and Gibraltar off the radar completely.

British politics and culture are becoming post-truth, fact-free and evidence free with faith replacing evidence, volume replacing reason, fantasy replacing objectivity and verbal, if not physical bullying clinching arguments. The comparison with the major totalitarian movements and governments of the 20th century is becoming more and more pronounced and witch hunts against anyone who does not say Brexit does not need a plan or points out the complexity of the issues involved, like the UK Permanent Representative are becoming common.

If Scotland does not gain independence in the next few years the Scots will be the target of English racism just as Muslims are today, especially if they manage to block or delay Brexit.

UKIP

It became proven that Nigel Farage applied for German citizenship soon after the referendum: some reports say the day after, but is now being investigated by German police as he may have supplied false information. This could net him jail time. And one of his former aides tried to defraud some drug dealers on the internet by posing as a money launderer. Unfortunately they were US government agents and he could face 20 years in a US jail. In passing the irony of fake drug dealers negotiating with a fake money launderer (who later tried to blackmail them) must raise at least a hint of a smile. The 22 year old aide is allegedly worth £250 million pounds and his scam was worth only some $20,000. If this is the average level of intelligence in UKIP it is a terrible indictment of the way the UK education system has evolved under the Tories, Blue and Red. If it is an indication that the rich feel they are above the law then schools should, perhaps, teach more about the execution of Charles I.


Time to start campaigning for Independence?

SNP MSP Ross Greer thinks it is time to start campaigning for Independence. Perhaps we should never have stopped. Support for Independence seems to have fallen back after the EU Referendum shock and the work on the Currency, Oil and Pension issues that seem to have lead to a NO vote last time is not complete, but, on currency at least, is progressing. A new currency is difficult because of sentimental attachment to the pound, but currently the pound is steadily falling in value. But campaining should start now.

In Scotland the People are sovereign. IN England Parliament is sovereign
In Scotland the People are sovereign. IN England Parliament is sovereign

Summary

The Tories are still making every possible mistake in handling Brexit, possibly hoping they can blame Immigrants, Foreigners and the Scots when things go belly up. If the Supreme Court says that Scotland can block Brexit we may get the powers in the Scottish government proposals or, less likely but equally welcome, Westminster might decide to eject Scotland from the UK. There may be a backdoor deal: Independence in return for the Oil, in which case Scotland should charge the Oil companies huge rents for oil rigs in Scottish Waters. The resignation of the UK Permanent representative in Brussels indicates chaos in Brexit. Independence in an unexpected fashion and earlier than expected is still on the cards (Could Brexit Lead to an Unexpected Scottish Independence?)

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