Tel. +44 (0)20 7287 4414
Tel. +44 (0)20 7287 4414
The Bruges Group spearheaded the intellectual battle to win a vote to leave the European Union and, above all, against the emergence of a centralised EU state.
The Bruges Group spearheaded the intellectual battle to win a vote to leave the European Union and, above all, against the emergence of a centralised EU state.

Bruges Group Blog

Spearheading the intellectual battle against the EU. And for new thinking in international affairs.

The EU's 'Punishment Period' Is An Affront To Our Most Fundamental Democratic & Constitutional Foundations

The EU's 'Punishment Period' Is An Affront To Our Most Fundamental Democratic & Constitutional Foundations

It is widely regarded as a sincere sign of immaturity for one to antagonise & hinder their victor - whether that be in football by accusing the referee of bias, in chess by refusing to shake their opponent's hand or indeed by frustrating the democratic will of a people by political and institutional means.

In other words; being a sore loser sucks. Big time.

Yet for some reason which I have yet to discover, our government is seemingly bending over backwards to grant every wish and every command to our great European overlords, to whom we apparently owe our eternal gratitude and remorse for daring to desire sovereignty and freedom. Of course, we need not mention the £500bn which we have given the supranational bloc over time, nor the two World Wars which we fought and won to protect the entrenched British values of freedom, democracy and sovereignty across Europe.

But I digress. The point I am making is that the EU has been rejected in the biggest democratic decision in British history, yet it continues to work with the remainers & remoaners (there is a distinction) to use Brexit as a cover to mask the upheaval of centuries of British democratic glory in global judicial, constitutional and cultural precedence.

It was leaked this week that the EU plans to implement what I am calling a 'punishment period' for a number of years after Britain formally withdraws from the union.

Under the plans set out in the leaked EU document, Britain will remain a member of the Single Market and the Customs Union for a period of time after we leave the EU, during which time the political institutions of the EU will be able to implement restrictions and penalties on Britain, should the European bloc determine that we have broken the law. This is, in all respects, an affront to our most fundamental democratic & constitutional foundations.

The British constitution has always been a prestigious ideal by global standards in that we have for Centuries adhered ourselves to a number of democratic principles which allow for fair & equal treatment of all citizens. It goes a long way to blocking corruption and unnecessary power-grabs by Her Majesty's Government. These, when first kickstarted in 1215 with Magna Carta, were revolutionary, radically liberal ideas which the rest of the world could but dream of under the tyranny of their authoritarian rule.

What is most remarkable is that, along with improvement over time, each of these principles still stands today. However, they stand reliant on the splintered crutches of our government, which will snap at the slightest push from our oppressors, the European Union.

The fundamental principles which I speak of are three-fold; the separation of powers between branches of the government, the checks & balances which each branch enforces upon their counterparts and of course the rule of law.

The first of these - the principle of the separation of powers – describes the notion that the three branches of government should be distinct from one another and in the UK, this is enshrined in our constitution. The three branches of government are the judiciary (the courts and in particular the Supreme Court), the legislature (the two chambers of Parliament) and the executive (the cabinet). In the UK, we don't have quite as distinct branches as other nations, since our executive is made up of members of the legislature and the government appoints Justices to the supreme court.

However, the fundamental idea that the court must be independent with the power of judicial review to ensure the government keeps itself within the confines of the constitution has always been a focal point of the Westminster model of democracy and has protected Britain from tyranny and dictatorship for centuries.

Even while in the EU, this has been upheld because – for all its faults – the EU has always maintained the supremacy of the ECJ over the legislature. However, the 'punishment deal' would see this principle utterly reversed in that the legislative branch – the European Parliament & Council – would act as judge, jury and executioner of any laws in Britain.

The proposal would not just see the undermining of the separation of powers but the complete and total shutdown of it – the judicial and legislative branch of the EU would be one and the same, in the context of British law.

Paving the path for a European nanny state dictatorship-lite, this lack of constitutional coherence is severely detrimental to everything our great nation has always proudly stood for.

The second of the three fundamental principles of our constitution – checks and balances between the branches of government – is in many ways linked to the separation of powers; the further apart two institutions are from one another, the better they are able to independently hold each other to account.

During the 'punishment period', no court – British or European – would have the power to hold the European Parliament and Council to account. These institutions would not just have overbearing power as they presently do with respect to legislation, but also would then have unchallengeable power in judicial matters relating to Britain and could therefore undermine and even derail our entire constitution and our very democracy, if they saw fit. It is a dangerous and slippery slope on the track to the most frightening of dictatorships.

This idea of multiple checks and balances between the branches of government has long been a very crucial aspect of our excellent constitution, for it is probably the best safeguard against corruption of the highest order within our judicial institutions. If the European Union is permitted to take that away from us and instead create a politically motivated judiciary from the European Parliament, then Britain will no doubt be subject to the most corrupt judicial persecution seen in Europe since the mandatory pledge of allegiance to Hitler seen in the courts of 1940s Germany.

The third – and perhaps best known – principle of our constitution is the idea that everybody should be equal under the law and thus no laws should treat any person differently to any other. This is the rule of law.

Perhaps the part of British history which we can be most proud of as a population (besides our June 23rd 2016 leave vote, of course) is our consistent historical assertion of the rule of law. Whether it be in standing up for ourselves or in defending the populations of the world from tyranny, the rule of law has always been a guiding compass in the glorious British protection of freedom and liberty. We are, however, losing sight of this at a great pace.

Under the EU's punishment plan, Britain will be treated as a legally inferior nation to each of the other members of the single market and customs union. While they will all be subject to justice by the normal, (relatively) fair means of trial in the ECJ, Britain will be forced to submit to the judicial rule of a political body.

This is unquestionably a material breach of the rule of law and if our politicians back down and agree to it, they will not only be betraying the great people of Britain, but also the glorious history of our remarkable United Kingdom.

Without these three principles rigorously enforced, Britain's magnificent constitution is meaningless. As a nation of free people, we would be subject to the very real threat of tyranny, dictatorship and oppression and there would simply be no legal means to prevent such a disaster.

So, fellow patriots, I urge you to take a stand against this anti-democratic, unconstitutional power-grab from the EU. We must – as we did so well in 2016 – show the people that there is another way; that we aren't guilty servants to the EU superstate but that we are a free people with a unique love for our fundamental democratic principles that no institution will ever take away from us.

We must rise up as a nation and demonstrate to the EU (and indeed the remoaners) that we will never stand by and watch our constitution be destroyed by any supranational, anti-democratic, self-obsessed body.

How dare they try to talk us down and berate the values upon which Britain led the way to modernising the world? How dare they try to derail the very basis of democracy across all of Europe and the Western world? And most crucially, how dare they underestimate we, the British people, such that they believe we will bow down to their ludicrous demands?

So let's take this to the streets. Let's hand out leaflets, let's put up banners, let's shout it from the rooftops that we shall never submit! Let's reenergise a passion throughout Britain; from Land's End to John o' Groats we will bring out a sense of patriotism that the EU have tried to wrench out of us since our referendum and which will realign the government with the democratic principles upon which our wonderful nation was built.

Let's not lose sight of our glorious vision when we are so tangibly close to a historic victory.

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Director : Robert Oulds
Tel: 020 7287 4414
Chairman: Barry Legg
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The Rt Hon. the Baroness Thatcher of Kesteven LG, OM, FRS 
Vice-President : The Rt Hon. the Lord Lamont of Lerwick,
Chairman: Barry Legg
Director : Robert Oulds MA, FRSA
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