I was fully expecting Steve Thoburn and the other ‘Metric Martyrs’ to lose their appeal before the Lords today. That they did, however, still resulted in my spending almost the entire day in a bug-eyed rage. I spent the afternoon doodling designs for giant siege engines that we could use to surround Brussels and reduce it to brickdust.
But, upon examining the actual rationale behind the verdict, the veins in my head have stopped throbbing with quite such gusto. I am forced to examine the small-print as both a Libertarian and a lawyer and I find myself largely agreeing with Brian Micklethwait below.
The application of EU Directives in British Law is, in fact, governed by British Law, namely the European Communities Act 1972 which rendered all British law as being subject to override by European Community Law. However, the Communites Act itself is a Constitutional Act. As such, it cannot be side-stepped by any subsequent legislation but it can itself be amended or even repealed by the British parliament.
There is a way out of the EU; all that is required is the parliamentary will.
I will disagree with Brian, though, that the Lords ruling is an implied ‘Declaration of Independence’. That ‘Declaration’ can only be made by a sovereign British parliament and, given the near-blanket commitment of our current political class to the EU project, the manifestation of that ‘will’ is still along way off.
