See: John Denham: Why does our Labour Party refuse to talk about England? >>>> https://labourlist.org/2018/04/john-denham-why-does-our-labour-party-refuse-to-talk-about-england/
So what do you think?
Just before Christmas we had the revolting spectacle of the British State’s name being misused in the UN to back a resolution led by various Islamic states attacking both Israel and the United States over the movement of the US Embassy from Israel’s old capital Tel Aviv to its current capital Jerusalem.
The capital of Israel has legally been Jerusalem since 1980 and is where its Parliament, the Knesset, and its Government’s ministries etc. are all to be found. Jerusalem was captured by the Israelis in 1967, i.e. longer ago than many of the UN “Nations” have existed.
You might think that any sensible Western Government would long since have recognised that fact and had their embassies in Jerusalem. You would of course be right that any sensible Western Government would have done so! In fact, of course, there are all too few sensible Western Governments.
The main policy of Theresa May’s Government, so far as I can see on almost all levels is appeasement (appeasement of Remainers, appeasement of the EU, appeasement of Islamists etc. etc.).
In this case appeasement of the strong brand of anti-Semitism which is deeply imbedded into Islam dating back to the Hadith’s of Muhammad’s attacks and atrocities against Jews.
In appeasing Muslim opinion in this way Theresa May’s Government may have badly damaged our Nation’s diplomatic interests in maintaining both good relations with Israel and the United States of America.
Melanie Phillips has written a very good article in the Daily Mail, albeit more from her Zionist point of view than from the point of view of the interests of our Nation.
Here is her article:-
“Many people are understandably baffled by the recent UN vote condemning President Trump’s recognition of Jerusalem as Israel’s capital. Since such a vote has zero practical effect, they ask, what was the point of it?
Well indeed. As the American ambassador to the UN Nikki Haley said in her barnstorming response, America will still be moving its embassy to Jerusalem regardless of the UN’s opinion.
The resolution didn’t need to have any practical import. It was merely part of the UN’s theatre of hatred, the malevolent campaign it has waged for decades against Israel and Israel alone as a result of the preponderance of tyrannies, dictatorships, kleptocracies and genocidal antisemitic regimes that make up what’s called called the UN’s “non-aligned block” and which are united in their desire that Israel should be wiped off the map.
So egregious is this hypocrisy in singling out Israel, the sole democracy and upholder of human rights in the region while ignoring the brutal and murderous record of those tyrannies, dictatorships, kleptocracies and genocidal antisemitic regimes, that even a CNN correspondent has been moved to call this out. Jake Tapper tweeted: “Among the 128 countries that voted in favor of the UN resolution condemning the US decision to move the Israeli embassy to Jerusalem were “some countries with some rather questionable records of their own”.
You don’t say. The shocking thing is that so many democratic nations voted alongside these tyrannies: nations such as Germany, Belgium, Ireland, Italy, Luxembourg, the Netherlands, most disappointingly India and, most sickening (to me, anyway), the UK.
Britain, the historic cradle of liberty and democracy and which once fought to defend freedom, has now made common cause with China, Iran, Libya, North Korea and Russia in their joint aim of denying the right of the Jewish people to declare, in accordance with law and history, the capital city of their own country, a right the UK and these other states would deny to no other people or state. What a disgrace.
What on earth did the UN think it was doing? What does Britain’s Prime Minister Theresa May think she’s doing? Does nobody in the British government have a clue about upholding international law or sovereignty? For the real point about this UN vote was that, on this occasion, the principal target wasn’t actually Israel. It was America, and its sovereign right to govern itself. The UN was telling the United States it was not entitled to conduct its own foreign policy in the way it thinks fit.
As Brook Goldstein of the Lawfare Project has observed, this contravenes the UN’s own charter:
“Article 2(7) of the UN Charter is crystal clear: ‘Nothing contained in the present Charter shall authorize the United Nations to intervene in matters which are essentially within the domestic jurisdiction of any state.’ Today’s General Assembly resolution is therefore extralegal and transparently political.
“The UN was built on the principle of respect for the sovereignty of member states (known legally as complementarity), with full awareness that independent nations of the world must make policy decisions in the best interests of their domestic constituencies. The moment the institution begins to attack that very sovereignty is the moment the UN loses all credibility, authority and international deference.”
That’s why most significant part of Nikki Haley’s response was where she said this:
“The United States will remember this day in which it was singled out for attack in the General Assembly for the very act of exercising our right as a sovereign nation. We will remember it when we are called upon to once again make the world’s largest contribution to the United Nations. And we will remember it when so many countries come calling on us, as they so often do, to pay even more and to use our influence for their benefit.”
For decades, the UN’s malicious double standard in repeatedly singling out Israel for condemnation has constituted the negation of its foundational ideals of global justice and peace. The UN has become instead the world’s principal engine of institutionalised Jew-hatred. Now it has crossed another line altogether. The Jerusalem vote could just be the point at which a US President finally decides that America’s tolerance towards the malign global incubus that the UN has become is now at an end.”
The original can be found here >>> The UN theatre of hatred | MelaniePhillips.com
http://www.melaniephillips.com/un-theatre-hatred/
What do you think?
Sometimes there is justice in the world!
Theresa May, the Remainer politician, who has, like most of the Tories in Parliament made out throughout most of her political career that she is a Eurosceptic, but she was revealed, when the EU referendum came, to be the untruthful Remainer that we always suspected that she was really!
Theresa also makes out that, as a Church of England vicar’s daughter, she is a practicing Christian, whilst in fact she was the prime driver behind “gay marriage”.
As Prime Minister Theresa rushed to welcome Trump when he was inaugurated as President, despite her private office having been very partisan against him in the Republican primaries and also in supporting Hilary Clinton in the actual election for the US presidency.
This, of course, is the very same Theresa May who has had the temerity to lecture Donald Trump on what he should tweet about Islamist threats!
(It is an interesting reflection on the great value of the American constitutional guarantee of the right to “Free Speech” that Ann Coulter and Trump and indeed any other Americans are free to re-tweet the videos or to make comments like Jayda Fransen has made, However because Miss Fransen has made those remarks within the UK she is being prosecuted for hate speech. How ironical that old phrase from Rule Britannia, “Briton’s never, never will be slaves” is now becoming!)
Well Theresa has been well and truly bitten now hasn’t she with Donald Trump’s response?
Theresa and some of her fellow Conservative MPs exposed themselves in their knee-jerk responses to be unpatriotic appeasers. Many of the same were exposed as “Brexit Mutineers” by the Daily Telegraph just a few weeks ago. Now here they are again standing shoulder to shoulder with Emily Thornberry, Yvette Cooper and Sadiq Khan. All of whom are yet again showing that they are more attached to multi-culturalism and Islamist appeasement than they are to acting in the best interests of our country – which is clearly to have the best possible relationship with the Government of the United States!
I doubt whether it is irrelevant that this spat took place at the very time when Theresa May and her Government are in the process of betraying the interests of the country over Brexit in offering to pay £50 billion of English Taxpayers’ money to the EU simply for the privilege of being allowed to engage in trade negotiations, with no real prospect of those trade negotiations actually resulting in any trade agreement, let alone one which is advantageous to our Nation!
These people are not only hopelessly incompetent, but also are unpatriotic even to the UK.
Of course it goes without saying that they also all hate the very idea of England and of the English Nation!
The Conservative Home Secretary declared:-
“I am going to curtail alien immigration and deport undesirables; we do not want to flood England with the alien refuse of the world. I regard aliens who live in their own communities, marry within them, and speak their own language, as unsuitable to be British residents.”.
You might think that was a startling change from the usual mealy mouthed multi-culturalism and political correctness of our Home Secretary, but then that is a direct quotation from a predecessor of hers:- the Conservative Home Secretary, Sir William Joynson-Hicks, Bt. Conservative Home Secretary, 1924)!
Of course in those days Conservative Home Secretaries were proper Conservatives and were also patriots who would be revolted by the current Home Secretary’s unpatriotic support for foreigners ruling over us through the EU!
Sir William Joynson-Hicks would also undoubtedly be revolted by the current Government’s recent announcements about the racial divide to which you can find here >>> Prime Minister orders government audit to tackle racial disparities in public service outcomes – GOV.UK
This has been done with the intention, no doubt, of enforcing yet more vigorously the failing UK State policy of multi-culturalism.
Our inept Prime Minister claims to be a Conservative. This is however the woman who told the House of Commons on its introduction by Labour’s Harriet Harman, that she welcomed the Equality Act but thought that bad thing about the Equality Act is that it didn’t go further!
Mrs May said:- “The Government I lead will stand up for you and your family against injustice and inequality. Today I am launching an audit to look into racial disparities in our public services that stretches right across government. This audit will reveal difficult truths, but we should not be apologetic about shining a light on injustices as never before.”
Such is the lack of “joined up thinking” within her Government that Theresa May and her Community’s Minister, Savid Javid may have missed the fact that they have destroyed the oft repeated multi-culturalist claim that “mass immigration boosts the economy”.
What her Government has released now is incontrovertable evidence that, far from boosting the economy, mass immigration has given rise to a vast additional swathe of claimants on our benefits system which the rest of us are required to work to pay for.
As a result of these claims all our benefits from the welfare system including the right to claim a pension must be reduced to free the necessary reserves of money to pay for indigent immigrants!
Are you happy about this?
What a difference two months make in the new weak and wobbly British political landscape!
Two months ago we had the usual county council local elections occurring with some of George Osborne’s new “Metro” mayoral elections. Theresa May and the Government was regularly reassuring people that there was not going to be any General Election until 2020.
We are told that Theresa May then, on a walking holiday with her husband in Wales, decided that she was going to call a General Election.
Certainly in terms of the strategic and logistical background it does generally seem to have been an ill-considered and whimsical decision. One thing that we do know about May is that she does not consult widely. She only talks candidly to an inner circle of loyalists who are said to number no more than eight, including her husband and Nick Timothy and Fiona Hill West.
It has been leaked that nobody in the Cabinet was consulted about the decision and they were simply presented with a fait accompli that the decision had been made and that they were going for it. The same appears to be true about the disastrous manifesto and her further poor decision not to take part in any head-on TV debates with Corbyn.
The result is that her reputation has gone from Machiavellian Mastermind to Blithering Blunderer within the space of a few weeks!
Jeremy Corbyn on the other hand, to listen to journalist reports, has gone from Unelectable Loony Lefty to Populist Pied Piper in the same period!
Ignoring the hype what can sensibly be identified as the elements of May’s poor decision-making!
Politicians often think that they are the masters of electional planning. It is however true that whilst they have a lot of experience of the tactics of electioneering, they may not be the best judges of strategy and what needs to be considered at a strategic level.
Two startling examples of Mrs May’s failure to think through the strategy is that, if she had merely had the election a month later, the students from the universities would have been dispersed to their homes all over the country, in many cases not having a vote registered there and the string of Conservative losses such as Canterbury, Bath, Bristol West, etc. and Nick Clegg’s loss of Sheffield Hallam would not have taken place. Those are completely explicable in terms of the student vote. The fact that issue wasn’t even considered before timetabling the election must demonstrate vividly the lack of strategic planning within her process of decision making to call the election.
Another issue which is difficult to reconcile with any suggestion that there was a strategic element in the decision-making process is that the Government only needed to wait until October 2018 before the new House of Commons boundaries would come into force. These boundaries have been calculated on current populations and are thought to make it much easier for the Conservatives to get an overall majority. For a Conservative Leader to ignore that advantage in deciding to call an election shows a staggering lack of strategic thinking.
More generally I do not think that Theresa May succeeded in persuading voters that the election was really necessary for the purpose that she claimed to be calling it, i.e. as a mandate to push through her Brexit negotiations. Her unwillingness to take part in televised debates helped to make Jeremy Corbyn look a much more effective leader than she was. Her frankly rather silly slogans didn’t help to improve her standing.
We can’t however ignore the further example of catastrophic decision-making process which led to her producing her manifesto, without proper consultation with her Cabinet colleagues. It made even pensioners in English country towns and villages all across the land who had never voted for any other party other than the Conservatives in their lives, question whether they really wanted to support such a blunt attack on their interests.
Indeed the manifesto was so bad in terms of populist appeal, that if you were minded towards a conspiracy theory then you might think that Mrs May had actually tried to lose the election! Personally I generally are more inclined to “cock-up” this “conspiracy” theory. I think that what has happened is not only a demonstration of Mrs May’s inadequacies, but also more generally how poor the British parliamentary system is at producing people to occupy leadership positions who genuinely have any real leadership abilities and characteristics.
Theresa May is one example of somebody with virtually no natural leadership ability. So of course was Gordon Brown another example. Jeremy Corbyn seemed to be similar but the fact is that when he was able to break out of the Westminster bubble effect, he does seem to have shown some considerable personal leadership qualities. The fact remains though that the establishment’s party system regularly seems to give people leadership titles and puts them into leadership roles which they are clearly personally unsuited to filling.
February 23rd 2017 was, accordingly to Katie Hopkins, “The day that UKIP died”! As you can see from her scorching prose on this link >>> KATIE HOPKINS on the day Britain became a one party state | Daily Mail Online
In my view Paul Nuttall started his campaign for the Westminster Parliamentary By-election for Stoke Central (or “Brexit Central” as he unwisely called it), with a positive message about being English and proud of it, but he then did nothing about the English question at all in the election.
Instead he got totally blown off course with a series of controversies over various inaccurate claims. The result was that his campaign was a defensive one. That is the sort of campaign that you can fight if you are the incumbent. However to stand any chance of success as an “insurgent”, as Nigel Farage rightly pointed out in the UKIP Spring Conference, a campaign has got to be both positive and edgy!
There also seems to have been a failure to fully analyse both UKIP’s and Paul Nuttall’s strengths and weaknesses with regards this campaign. There was also a failure to fully understand the Labour opposition. In particular, there was a total failure to understand the role of Labour’s various Third Party Campaign front groups (such as the appalling and extremist “Hope Not Hate”) and the role that they play, not only in attacking their opponents in a way that doesn’t damage their candidate whilst they are doing it, but also it vastly increases the amount that can legally be spent on the campaign by those supporting Labour.
The outcome on the 23rd, on a dismal turnout from the 62,250 constituents of Stoke Central, was that 7,853 voted Labour (as compared with 12,220 who voted Labour in the General Election 2015).
By contrast UKIP only managed 5,233 as opposed to the 7,041 that voted for UKIP in the General Election. This is UKIP at their high watermark with their party just having achieved both a referendum and a Brexit vote and with Article 50 not having yet been activated. In order to win they only needed to have hung on to all those who voted for them in the General Election and gained a mere 813 extra people, out of the 79% that voted for Brexit in the EU referendum.
Instead of which their actual vote dropped by 1,808 votes. This was when UKIP had put up their Leader. No doubt therefore they have also put their organisational and financial best efforts in trying to win the seat. No doubt also UKIP spent the full £100,000 on the campaign that is allowed under electoral law.
On that same day of the result in Stoke, in Copeland, there was a still more dismal result for UKIP in which their vote in the General Election of 6,148 dropped to 2,025, below even the Liberal Democrats!
By contrast Theresa May and the Conservative strategy for these by-elections was completely successful. They have got an extra sensible sounding MP and humiliated Labour in Copeland, further undermining Jeremy Corbyn’s standing with the Parliamentary Labour Party.
They have a new Labour MP for Stoke who will be nothing but trouble for Jeremy Corbyn once he is in Parliament, but the result allows Corbyn a life-line so that he continues as Labour’s Leader.
The icing on the cake must however be to have lured Paul Nuttall and UKIP onto the rocks. I noticed that Esther McVey was rolled out, when Paul Nuttall was considering whether to stand, to say that she thought that if he stood he would get elected and various other Conservative figures said similar things, thus no doubt encouraging him to follow the rash course of standing.
In doing so Paul had, I think, taken insufficient notice of the fact that the Conservative leadership were aware at least six weeks before of Tristram Hunt’s intention to step down. This is because both the Culture Secretary and Theresa May herself were involved in signing off on him being able to take the job at the Victoria and Albert Museum. That six weeks was reportedly used by the Conservatives to leaflet and canvass the constituency unrestrained by any limitation on electoral spending.
No doubt this was done with the clear objective of ensuring that the Conservative vote held up enough to wreck UKIP’s chances of winning the seat by taking votes off the Conservatives.
The Conservative leadership has thus achieved the double success, that of seriously damaging both Labour and UKIP and of leaving both of their leaders badly damaged but attempting to struggle on.
A footnote to the campaign in Stoke is that the BNP, which used to have councillors in Stoke and was in contention to win the Elected Mayoralty, only managed 124 votes!
FAR LEFT CLAIMS SCOTTISH NATIONALISM IS NASTY AND DIVISIVE!
The article below is written by one of the “People’s Front of Judea” type of Far-Left grouplets, but is nevertheless interesting and worth reading for a number of reasons.
The first reason is that Scottish nationalism is not exempted from their criticism and, indeed, is the focus of their criticism in this piece. This is despite Scottish nationalists positioning themselves as far to the Left as would be acceptable to any electorate in the Western world. This is also despite the Scottish National Party bending as far as it can towards multi-racialism and multi-culturalism and generally positioning itself as much as a politically correct and acceptable version of nationalism as possible.
So far as the authors of this article are concerned I suspect that the Labour Party and, certainly the Conservative Party, will both be considered to be nationalist parties as well, but of course they are British nationalist, not Scottish nationalist.
The second reason it is worth reading this article is that it does vividly demonstrates that it is pointless for any patriot to consider political accommodation with those with Far-Left views. The aim of patriots in dealing with the Far-Left should simply be to try and leave them as isolated and as irrelevant as possible.
The third reason why the article is well worth reading is that it does set out the Leftist argument against patriotism in a clear and unequivocal manner and is well written.
It also shows how naïve the Far-Left are in their view of humanity, since they are in effect pointing out that, within the patriotic vision for our country, that there will still be disputes, oppositions, antagonisms, etc.
Anyone who has lived in any community, even where there is no divergence of interest between various people, would know that people simply don’t all get on and that there are some that you can trust and some that you can’t. There are some who will steal and some who are honest.
It is not realistic to claim that nation states need more state power to curb human nature than any other types of state.
Indeed our experience in the world today is that states that are controlling territories where there is no nation, such as many of the Middle Eastern states, are states riven by far greater and more irreconcilable antagonisms than nation states. In those states the only effective remedy by the state itself is the use of force!
Perhaps the sheer naivety of the article and of the unrealistic understanding of human nature shown by the article is something of a partial explanation as to why, when the Far-Left get into power, that they seem inevitably to have to resort to murder?
In any case it is useful to see that our Leftist opponents are not merely unpatriotic, but they are anti-patriotic and are hostile to the very idea of a national community. Since the nation state is the largest and most successful organisation that humankind has ever managed to create, their position on the nation state puts them firmly against progress and it is therefore a rather amusing irony that such people might call themselves “progressives”!
Here is the article:-
We oppose nationalism. 1 With this opposition, we are not alone. For many people, nationalism has a bad reputation. For example, in the debate around the referendum for Scottish independence, the “Yes” campaign was repeatedly accused of being nationalist. On the other hand, few take issue with identifying with their home country — they might call this standpoint patriotism. 2 Many take being English, British or Scottish as a self-evident part of their own identity. But they might get a bit annoyed about others waving flags, because they do not want to make a big fuss about nationalism. Some people might even reject mainstream or right-wing nationalism as oppressive but posit the “real nation” 3 or (local) “community” 4 against it. Finally, from left to right, big fuss or not, many protests invoke the greater, national good to make their point: unions calculate how higher wages would benefit the whole economy 5 , students point out that they are a key resource of the nation 6 , bankers and benefit recipients are criticised for putting their interests before the nation (from the left and right respectively) 7 . The word nationalism might have a bad reputation in some places, the appreciation of the nation, however, is undaunted.
Many people who distance themselves from some forms of nationalism oppose the overt racism that often accompanies it. When the Left opposes nationalism, they usually take issue with the nationalist segmentation of humankind into peoples. In contrast, we criticise nationalism not just because of a wrong segmentation but also because it posits unification of actual people into the people. This particular critique is not one which is widely shared. 8 Hence, in this piece, we want to explain what nationalists think, what nationalism claims and wants and why we oppose it in any form. 9
As a running example, we are going to use the referendum for Scottish independence held in late 2014. While we realise that we are rather late to the party in writing about Scottish independence, we chose this example for three reasons. Firstly, Scottish nationalism did not go away with the referendum. Repeated calls are made for a second referendum. Secondly, the question “Should Scotland be an independent country” 10 asks exactly what any nationalism asserts and hence takes us to the core of the matter. Thirdly, Scottish nationalism — being often more left-wing — prides itself with avoiding some features of nationalism outlined above which many people object to. Scottish nationalism only serves as our example, though, the arguments presented in this article also apply to English, British or German nationalism. 11
Nationalism posits the people. This is an assertion of a distinction between a nation’s people and the rest of humanity (“The Scots are Scots and not English, not German, not French”). The starting point of any nationalism is the assertion and appreciation of a particular group: “we”.
“We” is also the assertion of an accordance between the people of the nation (“Scots belong and fit together”). When nationalists speak of “us”, they do not simply mean to describe a group that is somehow distinguished from the rest of humanity like “all people with brown hair” or “all people who like tea”, instead “us” characterises a community. Nationalists think that their personal interests and the interests of other members of the community — and hence of the community in total — are somehow aligned. Not necessarily perfectly so but at some level. Nationalists think that somehow the national community is the place where they fit in, where their purposes have a place, where people accomplish their respective goals somehow with each other. They believe that there is a connection, some accordance, some cohesion even, that “we” are “better together”. 12
Nationalists differ in where they see the basis of this accordance. Some see the basis for why “we” fit and belong together in a presumed common biology (“Celtic blood”, “Aryan race”), some in a common culture (language, customs, cultural values) and some even in a common conviction (constitutional patriotism). 13 None of these reasons holds water. There is no “Celtic blood”, language does not preform thought but ideas can be expressed in any language, a habit of drinking tea makes for a tea drinking society, not an all-encompassing community.
It is of no use, though, for the critique of nationalism to pick apart these reasons, because nationalists do not ask if their people exists. The point of these reasons is not to actually establish that a particular people exist. Rather, the existence of their people is the nationalist starting point and conviction. We can see this by looking at how nationalists relate to these reasons. Asking most English nationalists what exactly characterises the English as a nation, typically earns you a blank stare and maybe some half worked out argument. Moreover, without such prompting nationalists hardly ever ask this question. Most nationalists tend not to inquire about each other’s reasons and two typical nationalists would not find anything too worrying about finding out that they do not agree on, say, whether drinking tea is a defining British pastime or not. Similarly, most racist nationalists tend not to be too invested in the particularities of their racist theories. The relationship of most nationalists towards specific foundational arguments for their nation is characterised by a lack of interest: the reasons that nationalists give are not reasons they have. 14 Instead, these reasons are justifications for some “us” which is presupposed.
Scotland as a nation was taken for granted by all sides arguing over Scottish independence. 15 The British State considers Scotland a nation and itself a country of four nations. Consequently, Scottish nationalists did not have to agitate for its recognition as a nation. 16 The taken-for-granted starting point for all separatist and unionist agitation was Scotland and the referendum simply presupposed Scotland and the Scots as a collective who now decide on an important aspect of their lives.
In contrast, when nationalists struggle to have their nation recognised, these justifications play a greater role. For example, Cornish nationalists invoke a wide range of historical, political, linguistic and cultural reasons to illustrate that Cornwall does constitute its own nation. But these reasons ought to justify the “us”, not establish it. They do not ask if Cornwall is its own nation, but ask how to demonstrate it.
General differences between justifications, cultural or biological, play a role in political life. For example, people may be more or less relaxed about immigration based on whether they believe in blood and soil or in culture. Yet, here too, the question is not if the citizens of the host nation indeed constitute a nation, but they argue about how their national bond is characterised.
The indifference of nationalists towards the particular foundational arguments of their nation does not mean that they do not care about justifications. The point of these justifications is to assert cohesion. Asking most nationalists about the particularities of their justifications is met with disinterest. But when they smell that the inquiry seeks to undermine the certainty of their community, they get upset. How the community is justified is not that important, that it is justified is without an alternative to a nationalist.
Nationalists identify with their nation. 17 Nationalism not only asserts the existence of a group but being part of that group is an identity of its members.
If people have a shared interest in drinking fine wine they may decide to find others who share this particular interest and decide to form a wine tasting club. The people in this wine tasting club might also have different interests outside of wine tasting, but they are an affinity group based on their mutual interest in wine tasting. The membership in a wine tasting club is both conscious — they decide to join and leave — as well as based on a shared activity or interest.
The nation is no such collection of people based on some particular shared interest. To nationalists, being Scottish or English is not something you decide to do , but it is something which claims to define your being . For an English nationalist when 11 English players win a world cup, we won the world cup, not just someone from our group. Also, this is something for the whole nation, not only for football fans. Our green valleys are a feast to look at. If the British economy does well, we grew our Gdp . If the British State goes to war, we go to war and its soldiers are fighting for us . 18 Some people even say that we won World War I, despite all the people who fought in that war having died now. When nationalists appreciate something about their country, it is somehow also partially themselves who did it and it fills them with pride. When they accept that atrocities were committed by their people (usually in the name of the nation), it fills them with shame. Both of these reactions presuppose identification.
The criteria employed to decide who gets to be Scottish, English, Us American or German differ, in some cases the criteria might be lower than in others, sometimes it might be possible to be a member of two nations, but nationalists assert that belonging to a certain nation is not a lifestyle choice, a conscious, calculated decision or a particular interest, it is an identity.
However, nationalists do not rely just on self-evident and immediate identity. Where they can, they foster traditions, customs, national language and national culture. In established nation states, a lot of energy is spent by professional nationalists — politicians, journalists, teachers, etc. — on educating the population about “their” national customs, culture and history. Students learn the national language, learn about national history, about their “cultural heritage” and to respect other cultures. Cultural institutions and museums provide the population with national culture and history. National holidays encourage the celebration of the nation. Scottish, German, British might be something you are in the eyes of nationalists, it is certainly also something whose performance is encouraged and maintained — no nationalist movement trusts in self-evident essence alone.
Nationalists hold that a national community requires actualisation in a state. There are many ideologies which claim that certain (ostensible) criteria would establish some group and the identities of group members: racism, sexism, homophobia, etc. Nationalism is distinguished from all these essentialist ideologies in that the group it is concerned with is a community and requires some form of stately authority. 19 Nationality — in the eyes of nationalists — is an identity which requires a political authority. The nationalist proposition is “the right of nations to self-determination”. Or rather the right of their nation to self-determination, e.g. “Scotland should be an independent country”. That is, nationalists posit the nation which then finds its actualisation in its own state. For example, the Scottish Government wrote:
If we vote for independence, the eyes of the world will be on Scotland as our ancient nation emerges — again — as an independent country. 20
In established nation states this idea often finds expressions in the preamble of constitutional documents where it is claimed that it is the people who establish a state of law. 21
The true relationship between state power and nation is the other way around. A state does not make itself dependent on the nationalism of its human resources, it subjugates them and the territory they live on. Borders of states, and therefore what is and is not a people, are results of wars between states, a question of power. When most European states were established, the respective nationalisms were ideas amongst small groups of intellectuals. It was only through the subjugation of “the people of …” by their state that the unity which nationalists posit was produced. When the United States were founded, it was not “the people of the United States” who founded them but some people with enough power bent on subjugating their fellow countrymen to a new democratic state. Despite what preambles in constitutional documents might claim, “the people” have never given themselves a state.
Even if the “Yes” campaign had won the independence referendum, it would not have been “the Scottish people” who would have given themselves a state. The Scottish independence referendum was an attempt of a nationalist movement — around the Scottish Government — to subjugate Scottish people under a new state. If the “Yes” agitation had been successful, then the Scottish Government would have subjugated those it defined as Scottish under a new Scottish state, regardless of whether they voted “Yes” or “No”. It would have been able to do this because it was tactically backed by the existing monopolist of force — the British State. The referendum could happen because the British State, which asserts absolute authority over its citizens, gave a part of itself — the Scottish Government — permission to subjugate a part of the British population in the case of “Yes” vote. 22 Usually, separatist movements are not met with tactic approval from the state they seek to separate from. In this case, the question of violence is posited directly: who can assert power over those defined as the chosen people against the contender also claiming to represent them.
A demand for political autonomy is a rejection of rule from outside of the national community. Foreign rule is not simply rejected because of what it wants and does, but because it is foreign. In the words of the Snp :
Today, we have a Tory government in Westminster that most of us did not vote for, and yet that government is able to take decisions that cause real harm to families and communities in Scotland. 23
The Snp notes that the Westminster Government rules over a majority of people in Scotland who did not vote for it, just as it rules over many people in England who did not vote for it. This is a feature of every democratic election, elections the Snp stands in and wants to happen in an independent Scotland: in some part of the country or in some strata of society there usually will be some majority who did not vote for the government.
Hence, one could be tempted to accuse the Snp of hypocrisy, but this is not fair. By making a distinction between Labour voters in the North of England and in Scotland, both of which are ruled by a government they did not vote for, the Snp expresses what standard it applies. If Scottish people are ruled over by a party in Westminster they did not vote for, this is a problem. For people in England not so much. The Snp does not propose to split up the Uk along voting lines or interests. The problem for the Snp is not rule but that it is exercised by people from the wrong community. Westminster is wrong because it is not Scottish; that it is Tory is just an additional sin. Put differently, if a Scottish government voted in by the Scottish people would do “real harm to families and communities”, then it would at least be home rule. The rejection of foreign rule on the grounds that it is foreign is an affirmation of home rule. 24
A demand for political autonomy wants rule by a nation state over those who belong to its nation. The self-determination of a nation means that the members of the national community are subjugated to their national political authority. Practically, a people realises itself by its people being subjugated under their nation state.
On the one hand, nationalists want an authority which objectively subjugates the people. The people are its objects . On the other hand, those people are assumed to want this authority and their collective will is thought to find actualisation in this authority. To a nationalist, the people is the subject . 25
To a nationalist, this is no contradiction as she posits the state not as a force of domination but instead as an administrator of the community. This is not because she does not understand what a state does, but because she considers this as an adequate actualisation and administration of the community she wants. Nationalists know that laws passed in Parliament apply to everyone regardless of whether they like them or not and they know that states have coppers, judges and prisons to enforce those laws. But to them, this means us taking care of ourselves. In the words of the Scottish Government:
Independence means that the people of Scotland will take responsibility for our future into our own hands. 26
The Scottish Government wants to rule over those who it called to the polls, but this demand for subjugation is understood as the Scottish people taking matters into their own hands to do what they want. Nationalism is consent to domination , which is understood as a people’s freedom , self-determination and self-actualisation .
As with any other nationalism, Scottish people are invited to think of acts done to them by the state as actualisations of themselves. If an imagined Scottish government bans nuclear energy, this is done by our government, we are banning nuclear energy. If a Scottish government guarantees the right of my boss to cut my breaks, this is an act of our government. If a Scottish government institutes a maximum working day, this is an act of our government. The order of policy and rule is so that identification with and affirmation of rule comes first, then come questions of policy which may affect me positively or negatively. 27 In the words of a Scottish nationalist:
There is widespread confusion among some politicians and media pundits regarding the independence referendum planned for Autumn 2014 and the Scottish general election scheduled for May 2016. Many pundits are treating the two events as if they are the same thing. They are not. This cannot be stressed, underlined, or shouted from the rooftops loud enough. 2014 is a referendum on relocating power, relocating the tools of democratic governance, from London to Scotland. 2016 is about the people of Scotland picking up these tools and using them in any damned way we choose. I’ll say it again: 2014 is about Democracy . 2016 is about Policy . 28
The “Yes” campaign and the Radical Independence Campaign argued for independence by listing many nice things which could be done in an independent Scotland: better health care, higher benefits, greener energy … None of these policies were actually on the ballot. The ballot did not ask voters what they think of the welfare state, citizenship laws or where government spending should be directed. The question was if the authority ruling over Scotland should be Scottish and this is the first standard by which nationalists judge it. 29
However, the rule these people appreciate does not make itself dependent on their appreciation. While nation states want and encourage the appreciation of their populations (hence the referendum), if consent is absent then time after time the question of rule is settled by force. This does not make consent to domination a harmless private matter, though, with no effect on the world. Rule over people is easier if they accept and appreciate it. When, for example, people argue if this or that politician is fit to rule over them, the question what purpose the rule over them serves is not one to worry about. Furthermore, if people think of what is done to them as their own doing, it not only saves costs on coppers and prisons, but also mobilises their energy and creativity for the rule over them.
Nationalists demand self-determination in the form of a state and seek to subordinate their people to their nation state. Their national community must be enforced by superior force; the same community which they hold to be a self-evident part of their being. Therewith nationalists practically acknowledge that their community is not as self-evident and matter-of-fact as they claim, it does not simply flow from their essence but needs a nudge or two from the state. Nationalists posit their community as self-evident and — in insisting on a stately authority over it — as frail. In other words, to them, the members of the community are drawn together and apart. While Scottish nationalists posit a self-evident ancient nation which has to find actualisation in a state yet again, they find this status quo untenable: to them the Scottish need a state. They do not merely seek to drive out Westminster, but to establish a rule over Scottish people for Scottish people because they are Scottish people. The unquestionable essence in them which they believe to bind them together — being Scottish — is not firm enough to bind them together — this the Scottish state ought to provide. Amongst all claimed unity and accordance, nationalists also presume divisions within the nation. The interests and actions of the individuals are not simply assumed to be aligned with the interests of the community and, hence, each other.
Thereby, nationalists address the objective divisions that exist in their community. Democratic nationalists know of and do not deny the many little and big divisions that characterise life in a capitalist society. Workers know of the pressure to work harder and longer, they know of the threat of unemployment, tenants know that their landlord hikes the rent when she can, they know that they struggle to make ends meet. The economy — how a society produces, distributes and consumes — is a continuous source of conflict. 30 At the same time, nationalists posit a common interest with those on the other side of their disputes. In the words of a British nationalist:
Whatever happened to that post-election stuff about “one nation”? It is clear that David Cameron and some of his ministers genuinely believe in the Disraelian ideal of social cohesion at some important level. Yet in the wake of the government’s latest move against trade unions, the commitment will look to many like mere hypocrisy. Part of the essence of any kind of one-nation politics, whether from the left or the right, must be an effort to reconcile old antagonisms. But these new measures to make it more difficult to join a union are only designed to provoke this antagonism still further. 31
The author acknowledges the continued necessity for workers to organise in unions against their employers and calls for a reconciliation of “old antagonisms”: opposition and cohesion.
To nationalists, oppositions are, in principle, not in opposition to their community. Instead, oppositions amongst the members of the community fit in with their community, are accepted and filed as part of how it functions. Life in their community is no easy, harmonic life. Oppositions and their consequences are, in principle, to be expected, accepted and endured. Indeed, democratic nationalists appreciate “everyone for herself” in the economic sphere as a contribution to their community. This way, they think, the community becomes more productive, this way all give their best, this way the community prospers. Collateral damage and benefit is part of community life. 32
However, nationalists distinguish between opposition and antagonism. The accepted and presumed conflicts ought to have their limits. They notice the expressions of oppositions around them, but would deny that systematic, fundamental antagonisms are produced from the way their community functions. Amongst all divisions they seek cohesion and call for restrictions on the pursuit of opposing goals; they seek a balance.
Nationalists do not ignore that they have to follow the rules of the community (cf. “State”), that their community does not allow them to do whatever they want. In the nationalist perspective, though, the restrictions placed on them are for them , not an external constraint: this community is their community, where they can pursue their interests, it is the place and premise for their “pursuit of happiness” (cf. “We”).
They appreciate the community for allowing opportunities for its members — they can try to get that job, apply for that loan to start a business, win the lottery — and think of moderation as an exchange relation: if each of us moderates herself, lives by the rules of the community then the community prospers which means that we get to pursue our respective goals in this community. They moderate their goals in the hope that this allows these goals to be realised: voluntary compulsion or worthwhile renunciation. 33 They expect this imagined relation of exchange to be honoured, expect what is fair and what is deserved : a fair wage for a fair day’s work, a just minimum level of sustenance as a member of the national community, a just reward for providing jobs etc. In the words of a Radical Independence campaigner:
We believe the success of a country comes from the hard work and commitment of all. We believe that a good country is one in which all share fairly the success of good times and all share fairly the burdens of bad times. 34
In the nationalist ideal, if everybody takes a step back from their respective interests, if all work hard and commit, if all interests are moderated in the name of the common good, then they all get the fair share they deserve.
They demand the national community to be a community of the decent, a community where participants want the restrictions placed on them, a community where the participants are willing to a step back in the interest of the greater, national, collective good. The Radical Independence Campaign version of this ideal goes like this:
Scotland can be a moral nation. Where mutuality, cooperation and fellowship define our relationships. Where we are good stewards of our country and hand it on to the next generation in a better state than we inherit it. Where our values are not dominated by greed, selfishness and disregard for others but by patience, generosity, creativity, peacefulness and a determination to be better. 35
Different nationalists address their calls for “determination to be better” towards different groups. Some ask for jobs and payment of taxes from companies, some demand wage moderation from workers, some demand decency and guidance from politicians. But they all demand decency.
For nationalists, cohesion, decency, the will to the nation, — “we” — is not a calculated, rational decision but a natural part of them.
The assertion of a self-evident unity of the nation is not merely a mistake that could be rectified by educating a nationalist about differing interests in a capitalist society. They know of them, which is why they want to moderate them. The assertion “we” is as much an invitation as it is a demand. Firstly, “we” is an invitation to look beyond the day-to-day competition and to recognise the needs of the community as being greater than mere individual materialism and calculated decisions for personal gain. 36 Secondly, “we” is also a demand that this unity is not up for debate, it is an invitation you cannot refuse, it is essential.
For a biological racist nationalist, it is a natural essence which guarantees the national bond, which is not only self-evident but natural. She asserts that the will to the nation is not a product of volition but of a biological essence. To her, this founds a strong, irrefutable bond because the members of the community have it in their bones. They cannot but stand for their community and act decently for the benefit of their community. This is an uncompromising demand against the members of the nation.
Nationalists who invoke culture (language, customs, values, etc.) seek the same result but without a recourse to biology. They, too, found the will to the nation in a pre-voluntary essence of the members of the community but an essence which is produced by society — which is why they can be more open to the idea of others being integrated into the collective. They disagree that biology can account for a will but seek the same, firm result from a source outside of the will, beyond decisions.
Here, too, the demand against the members of the community is expressed as the assertion that these members have their national bond in their being. 37 They have no choice in the matter, they are English, Scottish, German and so on. For example, “National Collective”, a group of artists campaigning for Scottish independence, offered their view on a progressive civic nationalism in Scotland:
In Scotland, we make a lot of noise about our ‘civic nationalism’ — an open, inclusive brand of national pride based on shared goals, values and institutions, summed up by the late Bashir Ahmed, Scotland’s first Asian Msp : “It is not important where we have come from; it’s where we’re going together, as a nation.” 38
Civic nationalists claim that sharing certain liberal values is part of a particular national identity and they are proud of these values: freedom, equality, democracy, the rule of law — the accomplishments of modern democratic rule. People who criticise nationalism for excluding others from the national community might read statements like these as an open invitation to everyone who shares Scottish values. However, this is a misunderstanding. Who would get to be Scottish is not some individual choice of sharing a certain set of values, but up to the Scottish Government to decide in the interest of the nation. 39 Civic nationalism posits that the members of the nation share certain values, not that sharing certain values makes you a member of the nation.
When civic nationalists speak of shared “goals, values, and institutions” this expresses that they expect those who are part of the national collective to share these. Especially, when a politician says “It is not important where we have come from; it’s where we’re going together, as a nation” this is not merely a true or false analysis of what constitutes the nation, but a demand to get in line. When someone in power tells you “this is how we do things”, this is an imperative indicative: a demand against you to follow through. When someone who shapes the values and goals of the nation tells you that you share those defined goals and values, this is the demand to want what they want for the nation.
The same applies to other pictures that nationalists draw of their respective peoples. Nationalists will not shy away from statements like “Germans are punctual” or “British are polite” when confronted with a disorganised resp. rude person. These statements are not intended as statements of fact but expectations and demands against the members of the national collective. “We” is a demand.
Nationalists think of the national community as a moral community, a community with just rights and responsibilities, a community formed by and for decent people. This is a peculiar view towards their actual social relations.
In their daily lives, the subjects of a democratic state are endowed with rights and responsibilities by the state; it provides its subjects with general rules which they have to follow. There is much to regulate, permit, prohibit and sanction when people who are dependent on each other compete against each other. For their interactions in the economy, the actors make contracts. These are agreed upon because each party expects to gain from them but this does not extinguish the economic opposition of the contracting parties. A low or no price is better for the buyer and worse for the seller. More concretely, a low wage is a means for profit and a detriment to workers sustenance. Capitalists have reasons to squeeze more out of their workers and workers have reasons to resist this through collective action. 40
The capitalist economy needs an arbiter to decide who prevails when the members’ interests collide and to provide general restrictions keeping competition from eating itself, to make the unity of competition and mutual dependency feasible. This feat is not accomplished without force: when everybody’s goals are pursued against the others, under rules which restrict the means of success of each party, then it makes sense to bend or break the rules here and there to realise these goals — theft and fraud are ways to take part in competition with other means. Therefore, a capitalist economy requires a state ruling over it with force. Capitalist states happily oblige because they rely on their capitalist economies as the basis of their might. They guarantee private property and provide the rule of law, infrastructure, the welfare state and economy policy to facilitate accumulation of their national capital which they count as the growth of the gross domestic product ( Gdp ) and which provides their rule with means.
Where the state in its laws defines the conditions under which its subjects must pursue their own interests, nationalists see conditions under which they can pursue their own interests. Conditions become opportunities. Where the state excludes the mass of its citizens from the wealth around them, where it ensures their continued existence as human resources for the accumulation of capital, they see general regulations being implemented which ensure that their decent community — and hence them — can function and consider the rights provided by the state as their means to participate justly in their moral community. They treat conditions, which they do not decide about, as their own, as expressions of themselves and of their morality.
This reversal — that the objects of rule think themselves as the subjects — does not mean nationalists are content. When they interpret law as a realisation of their morality, not as the form in which the state organises its society for its own might, they also judge it this way. Hence, as much as they are one with their nation and its state in principle, they always tend to find some transgression, some violation of decency, some instance where someone receives what is not deserved and where those who deserve do not.
Nationalist criticism detects deviations from decency, identify culprits and demand a correction from the state: more crack down on benefit scroungers, more restrictions on strike action, a tighter tax regime for corporations, restrictions on banker bonuses etc. Left-wing and right-wing nationalists often target different groups with their criticisms, but both want to mobilise the guardian of the national community against “excessive” self-interest.
However, because the state’s purpose is not to realise the often conflicting moralistic national ideals of its subjects but its own might and a strong capitalist economy, it often fails to live up to the expectations of its nationalist critics. What they imagine as decent and fair is not on the agenda. Most nationalists are content with airing their complaints down at the pub, armed with the righteousness of their respective standpoints of justice. Some of them, though, become critical of the government, which they accuse of having lost sight of what is important and seek more grounded alternatives. Some become even critical of the form of the state in general and become disciples of a fascist state which ruthlessly cracks down on vested interests everywhere. 41 Some turn the claim of national identity around and seek culprits amongst those they do not consider the right kind of English, Scottish or German. They extend the idea that identity ensures national cohesion to the idea that the wrong kind of identity undermines it — just as firm and unchangeable as the former.
Not every nationalist takes these last steps. In fact, many do not. But what they all share when they say “we” is plenty: appreciation for a community which requires force over its members to make their relationships passable, acceptance of the antagonisms produced by the capitalist economy which ought to be endured, identification with the conditions we are confronted with by the democratic state and moralistic demands to submit to these conditions.
Nationalists judge all and sundry from their nationalist standpoint, also other nations and their states. On the world stage, nation states confront each other with their demands and compete for power. They compete economically, threaten each other with their military might and engage in open war. Nationalists observe these conflicts in a peculiar way. To nationalists, their own nation is the home of the decent and universal, the guarantor of everything that is good in the world. In contrast, other nations are merely French, Russian, Us American etc. The respective national standpoints are merely their particular standpoints. This does not necessarily make them foes, but every nationalist can identify base motives driving other nation states’ policies. Reading any British newspaper’s reporting on Russia or watching an hour of Russia Today provides ample material of this kind. From this perspective then, it only makes sense for nationalists to wish their own the best of luck in every endeavour, even base ones because this is the basis of success for everything that is decent in the world.
(Here is a link to the original >>> https://antinational.org/en/since-you-mentioned-us/ )
The High Court of Justice of England and Wales has made a preliminary and sensational ruling on how Brexit must be approached. The case, in addition to being politically significant, is of course legally and constitutionally significant as the High Court did pull out all the stops knowing that that was the case, with no less than three of the most senior judges in the England and Wales jurisdiction sitting on the case; the Lord Chief Justice, the Master of the Rolls, and Lord Justice Sales. The case itself is :- The Queen on the application of (1) Gina Miller & (2) Deir Tozetti Dos Santos – and – The Secretary of State for Exiting the EU. It can be found on the court website here:- https://www.judiciary.gov.uk/wp-content/uploads/2016/11/judgment-r-miller-v-secretary-of-state-for-exiting-the-eu-20161103.pdf
The case is worth reading if you are at all interested in the law of Constitution.
There is however a potted summary here for those less interested in legal details >>>
Here is the text of the Summary:-
“R (Miller) v Secretary of State for Exiting the European Union
Summary of the judgment of the Divisional Court
References in square brackets are to paragraphs in the judgment.
The Question
1. The issue before the court is whether, as a matter of UK constitutional law, the Government is entitled to give notice of a decision to leave the European Union under Article 50 by exercise of the Crown’s prerogative powers and without reference to Parliament. This is a pure question of law. The court is not concerned with and does not express any view about the merits of leaving the European Union: that is a political issue.
2. It is accepted by all sides that this legal question is properly before the court and justiciable: under the UK constitution, it is one for the court to decide [5]. It turns on the extent of the Crown’s powers under its prerogative [explained at 24-29]. The Government accepts that neither the European Union Referendum Act 2015 nor any other Act of Parliament confers on it statutory authority (as distinct from the Crown’s prerogative power) to give notice under Article 50 [67-72, 76 and 105-108].
3. On 1 January 1973 the United Kingdom joined what were then the European Communities, including the European Economic Community. Parliament passed the European Communities Act 1973 (1972 Act) to allow that to happen since it was a condition of membership that Community law should be given effect in the domestic law of the United Kingdom and primary legislation was required to achieve this [1 and 36-54]. The European Communities have now become the European Union.
4. Pursuant to the European Union Referendum Act 2015 a referendum was held on 23 June 2016 on the question whether the United Kingdom should leave or remain in the European Union. The answer given was that the UK should leave [2].
5. The process for withdrawal is governed by Article 50 of the Treaty on European Union, which states that once a Member State gives notice to withdraw there is a two-year period in which to negotiate a withdrawal agreement. If no agreement is reached in this time then, subject only to agreement to an extension of time with the European Council acting unanimously, the EU Treaties shall cease to apply to that State. The Government accepts that a notice under Article 50 cannot be withdrawn once it has been given. It also accepts that Article 50 does not allow a conditional notice to be given: a notice cannot be qualified by stating that Parliament is required to approve any withdrawal agreement made in the course of Article 50 negotiations [9-17].
6. Therefore, once notice is given under Article 50, some rights under EU law as incorporated into domestic law by the 1972 Act would inevitably be lost once the Article 50 withdrawal process is completed [57-66].
The Constitutional principles
7. The most fundamental rule of the UK’s constitution is that Parliament is sovereign and can make and unmake any law it chooses. As an aspect of the sovereignty of Parliament it has been established for hundreds of years that the Crown – i.e. the Government of the day – cannot by exercise of prerogative powers override legislation enacted by Parliament. This principle is of critical importance and sets the context for the general rule on which the Government seeks to rely – that normally the conduct of international relations and the making and unmaking of treaties are taken to be matters falling within the scope of the Crown’s prerogative powers. That general rule exists precisely because the exercise of such prerogative powers has not effect on domestic law, including as laid down by Parliament in legislation [18-36].
8. In the present case, however, the Government accepts, and indeed positively contends, that if notice is given under Article 50 it will inevitably have the effect of changing domestic law. Those elements of EU law which Parliament has made part of domestic law by enactment of the 1972 Act will in due course cease to have effect [76-80].
9. The central contention of the Government in the present case is that Parliament must be taken to have intended when it enacted the 1972 Act that the Crown would retain its prerogative power to effect a withdrawal from the Community Treaties (now the EU Treaties), and thereby intended that the Crown should have the power to choose whether EU law should continue to have effect in the domestic law of the UK or not [76-81].
Conclusion
10. The Court does not accept the argument put forward by the Government. There is nothing in the text of the 1972 Act to support it. In the judgment of the Court the argument is contrary both to the language used by Parliament in the 1972 Act and to the fundamental constitutional principles of the sovereignty of Parliament and the absence of any entitlement on the part of the Crown to change domestic law by the exercise of its prerogative powers [82-94, 97-104]. The Court expressly accepts the principal argument of the claimants [95-96].
11. For the reasons set out in the judgment, we decide that the Government does not have power under the Crown’s prerogative to give notice pursuant to Article 50 for the UK to withdraw from the European Union.
This summary is provided to assist in understanding the Court’s decision. It does not form part of the reasons for the decision. The full judgment of the Court is the only authoritative document.”
Following the release of this Judgment there has been an attack on the political and demographic origins of the three Judges, all three of whom are the product of Labour’s Lord Derry Irvine “Reforms” to the selection and promotion of the judiciary. Lord Irvine expressly said these had been engineered to “ensure that no-one with reactionary views could be appointed or promoted within the judiciary”. This expressed objective has clearly been achieved with these three judges. The
Lord Chief Justice background as an active Europhile was amply exposed in the Daily Mail article here >>> http://www.dailymail.co.uk/news/article-3903436/Enemies-people-Fury-touch-judges-defied-17-4m-Brexit-voters-trigger-constitutional-crisis.html
In the original version of the article, the Daily Mail also reported the Master of the Rolls, Sir Terence Etherton as being the first “openly gay” senior Judge and also as having married his boyfriend in “a traditional Jewish marriage ceremony”.
Lord Justice Sales was exposed as being one of Lord Irvine’s personal protégées.
So it appears that we can be reasonably confident of the personal views and political prejudices of all three judges!
From a lawyer’s point of view there was therefore, particularly with the Lord Chief Justice, good grounds for applying the approach which was adopted by the House of Lords in the Pinochet case to Lord Hoffman who had ruled based on his own political prejudices. The case can be found here>>> http://www.publications.parliament.uk/pa/ld199899/ldjudgmt/jd990115/pino01.htm
The most extraordinary aspect of this fiasco is that any reasonably competent country solicitor would have advised the Government that where a challenge was being made to legal rights to take action (in this case the Government giving notice under Article 50 of the Lisbon Treaty) the obvious thing to do is to get on with it and give the Notice.
This of course would have made it pointless continuing with the court case. The Notice would already have been accepted by the European Union and the process of leaving the EU would therefore be underway regardless of what any court had to say. In such cases the courts are very unwilling to give rulings on what are described as “moot points”. It follows that the fiasco is a product of delay and incompetence within the May Government.
Turning back to the Judgment, it is a Judgment that is more dubious on previous legal authority than it sounds as it is phrased in what has been described as “muscular” language. I would also respectfully suggest it seems to be over certain of its legal position. This is however partly a result of the incompetence of the Attorney General in agreeing that the case was “justiciable”.
As an example of arguments that show that the Judgment is more dubious than it seems, see here for an academic analysis >>> https://publiclawforeveryone.com/2016/11/04/the-high-courts-judgment-in-miller-a-brief-comment/
Here is the text of the article:-
“The High Court’s judgment in Miller: A brief comment
The following short comment on the High Court’s judgment in R (Miller) v Secretary of State for Exiting the European Union [2016] EWHC 2768 (Admin) was published on the Judicial Power Project’s website and is reproduced here with permission. The piece is part of a collection of short commentaries published by the Judicial Power Project; the full collection can be accessed here. I will be publishing a more detailed piece on Miller in due course.
Some of today’s press coverage of the judgment in Miller, accusing judges of acting undemocratically, is deplorable. It is entirely right and proper that the Court should determine the legal extent of executive authority. That is an axiomatic judicial function in a democracy founded on the rule of law. But what of the content of the decision?
The judgment is striking in its muscularity. The Court considered the Government case to be so weak that it judged it untenable before even considering the claimant’s arguments in detail. The Government’s case, said the Court, was ‘flawed’ at a ‘basic level’. Reading the judgment, one might be forgiven for thinking that the Government had advanced a heterodox argument of outlandish proportions. In fact, it was simply asserting that it could use a prerogative power to begin negotiations on the international plane. None of this is to deny the subtlety of the issues to which that contention gives rise concerning the relationship between EU and domestic law, and the role played by the European Communities Act 1972 in mediating that relationship. But as John Finnis has shown, the Government’s position is far from unarguable.
Once the Divisional Court had accepted — contrary to Finnis’s view — that EU law rights are to be considered domestic statutory rights enacted by Parliament, its focus inevitably shifted to the question whether the ECA was to be read as having displaced the Government’s ability to use the prerogative to begin the Article 50 process. In concluding that the ECA had indeed produced such an effect, the Court engaged in a highly creative process of statutory interpretation that involved relying upon the ECA’s status as a ‘constitutional statute’; treating the Act’s ‘constitutional status’ as evidence of Parliament’s intention — a view that is in tension with Laws LJ’s analysis in Thoburn; invoking certain ‘background constitutional principles’ that are relevant to statutory interpretation; and asserting that those principles are particularly relevant to the construction of constitutional statutes.
My point, in this short comment, is not to assess the correctness of the court’s conclusion on this matter. Rather, it is to observe that that conclusion — and the reasoning on which it is based — is highly contestable. Perhaps, therefore, the most surprising aspect of Miller is that the confident certainty of the terms in which the judgment is framed obscures almost entirely the complexity and contestability of the questions to which it gives rise, concerning the selection, content and interaction of the constitutional principles that form the prism through which the ECA falls to be examined.”
The core of the Judgment is that the central institution within the Constitution is the Crown in Parliament. Here is a section of the Judgment well worth quoting and bearing in mind.
“ The principles of constitutional law: the sovereignty of Parliament and the prerogative powers of the Crown
The United Kingdom constitution
18. The United Kingdom does not have a constitution to be found entirely in a written document. This does not mean there is an absence of a constitution or constitutional law. On the contrary, the United Kingdom has its own form of constitutional law, as recognised in each of the jurisdictions of the four constituent nations. Some of it is written, in the form of statutes which have particular constitutional importance (as we explain at paragraphs 43-44). Some of it is reflected in fundamental rules of law recognised by both Parliament and the courts. There are established and well-recognised legal rules which govern the exercise of public power and which distribute decision-making authority between different entities in the state and define the extent of their respective powers. The United Kingdom is a constitutional democracy framed by legal rules and subject to the rule of law. The courts have a constitutional duty fundamental to the rule of law in a democratic state to enforce rules of constitutional law in the same way as the courts enforce other laws.
19. In these proceedings, this court is called upon to apply the constitutional law of the United Kingdom to determine whether the Crown has prerogative powers to give notice under Article 50 to trigger the process for withdrawal from the European Union. The law we were taken to was primarily the law of England and Wales, with some reference to the position in the other jurisdictions in the United Kingdom, Scotland and Northern Ireland. Although this court only has jurisdiction to apply the law of England and Wales, we note that no-one in these proceedings has suggested that such parts of constitutional law in Scotland and Northern Ireland in relation to the interaction between statute and the Crown’s prerogative powers as are relevant to determine the outcome in this case are any different from the law of England and Wales on that topic. Accordingly, for ease of reference and in view of the general constitutional importance of this case we will refer to UK constitutional law.
The sovereignty of the United Kingdom Parliament
20. It is common ground that the most fundamental rule of UK constitutional law is that the Crown in Parliament is sovereign and that legislation enacted by the Crown with the consent of both Houses of Parliament is supreme (we will use the familiar shorthand and refer simply to Parliament). Parliament can, by enactment of primary legislation, change the law of the land in any way it chooses. There is no superior form of law than primary legislation, save only where Parliament has itself made provision to allow that to happen. The ECA 1972, which confers precedence on EU law, is the sole example of this.
21. But even then Parliament remains sovereign and supreme, and has continuing power to remove the authority given to other law by earlier primary legislation. Put shortly, Parliament has power to repeal the ECA 1972 if it wishes.
22. In what is still the leading account, An Introduction to the Law of the Constitution by the constitutional jurist Professor A.V. Dicey, he explains that the principle of Parliamentary sovereignty means that Parliament has:
“the right to make or unmake any law whatever; and, further, that no person or body is recognised by the law … as having a right to override or set aside the legislation of Parliament.”
(p. 38 of the 8th edition, 1915, the last edition by Dicey himself; and see chapter 1 generally).
Amongst other things, this has the corollary that it cannot be said that a law is invalid as being opposed to the opinion of the electorate, since as a matter of law:
“The judges know nothing about any will of the people except in so far as that will is expressed by an Act of Parliament, and would never suffer the validity of a statute to be questioned on the ground of its having been passed or being kept alive in opposition to the wishes of the electors.” (ibid. pp. 57 and 72).
23. The principle of Parliamentary sovereignty has been recognised many times in leading cases of the highest authority. Since the principle is common ground in these proceedings it is only necessary to cite the speech of Lord Bingham of Cornhill in R (Jackson) v Attorney General[2005] UKHL 56; [2006] 1 AC 262 at para. [9]:
“The bedrock of the British constitution is … the supremacy of the Crown in Parliament …”.
The Crown’s prerogative powers
24. The extent of the powers of the Crown under its prerogative (often called the royal prerogative) are delineated by UK constitutional law. These prerogative powers constitute the residue of legal authority left in the hands of the Crown. As Lord Reid said in Burmah Oil Co (Burma Trading) Ltd v Lord Advocate [1965] AC 75, at 101:
“The prerogative is really a relic of a past age, not lost by disuse, but only available for a case not covered by statute.”
25. An important aspect of the fundamental principle of Parliamentary sovereignty is that primary legislation is not subject to displacement by the Crown through the exercise of its prerogative powers. But the constitutional limits on the prerogative powers of the Crown are more extensive than this. The Crown has only those prerogative powers recognised by the common law and their exercise only produces legal effects within boundaries so recognised. Outside those boundaries the Crown has no power to alter the law of the land, whether it be common law or contained in legislation.
26. This subordination of the Crown (i.e. the executive government) to law is the foundation of the rule of law in the United Kingdom. It has its roots well before the war between the Crown and Parliament in the seventeenth century but was decisively confirmed in the settlement arrived at with the Glorious Revolution in 1688 and has been recognised ever since.
27. Sir Edward Coke reports the considered view of himself and the senior judges of the time in The Case of Proclamations (1610) 12 Co. Rep. 74, that:
“the King by his proclamation or other ways cannot change any part of the common law, or statute law, or the customs of the realm”
and that:
“the King hath no prerogative, but that which the law of the land allows him.”
28. The position was confirmed in the first two parts of section 1 of the Bill of Rights 1688:
“Suspending power – That the pretended power of suspending of laws or the execution of laws by regall authority without consent of Parlyament is illegall.
Late dispensing power – That the pretended power of dispensing with laws or the execution of laws by regall authoritie as it hath beene assumed and exercised of late is illegall.”
29. The legal position was summarised by the Privy Council in The Zamora [1916] 2 AC 77, at 90:
“The idea that the King in Council, or indeed any branch of the Executive, has power to prescribe or alter the law to be administered by Courts of law in this country is out of harmony with the principles of our Constitution. It is true that, under a number of modern statutes, various branches of the Executive have power to make rules having the force of statutes, but all such rules derive their validity from the statute which creates the power, and not from the executive body by which they are made. No one would contend that the prerogative involves any power to prescribe or alter the law administered in Courts of Common Law or Equity…”
These principles are not only well settled but are also common ground. It is therefore not necessary to explain them further.”
This approach is, to be fair, consistent with the way our Constitution Law has developed. I have previously commented that democracy is very much a bolt-on to the oligarchic principles of the British Constitution. No clearer statement of that could really be sought from any legal Judgment.
In a genuine democracy it is the “People” and the “Nation” which is sovereign, not some constitutional construct like the “Crown in Parliament”. In a genuine democracy the “Crown in Parliament” would be seen to be the delegates of the People not their masters. The People within a democracy are “citizens” not “subjects”. The United States Constitution has a greater aspiration towards being democratic than our constitution which is why there is reference to “we the People…” and court cases are brought in the name of “the People” against the accused rather than as here “the Crown” against the accused.
So what we have in this case is a strongly worded logical Judgment based on the traditional unpinning of the Constitution arising out of the English Bill of Rights and 1689 Glorious Revolution, not on the theory of democracy or any ideas of nationhood.
It looks to me from the Judgment as if the Government may also have failed to argue a distinction between directly applicable EU rights that arise through the EU system and are directly applied as a result of the European Communities Act and have agreed that those rights are the same in essence as rights arising from either Common Law or Statute. Those are the rights which previous cases have upheld as being outside the power of the Royal prerogative to change.
That being the case it may well be that the Supreme Court next month will rule to uphold this Judgment. If that is the case then be in no doubt that the giving of notice under Article 50 will require primary legislation to go through Parliament. That is an Act to be passed by both the House of Commons and the House of Lords and to be given Royal Assent and to be implemented by an Order from the Privy Council.
Such legislation to become an Act of Parliament will be subject to all sorts of quibbles and delaying tactics by the Remainers who form a huge majority of Members of Parliament and Peers. It follows that we look like we are entering a major constitutional crisis at least equivalent to that of Lloyd George’s budget in 1911, which, combined with the Irish Question, got us perilously close to civil war with the then Leader of the Conservative Party involved in smuggling arms!
There is also the tempting question to Tories of whether the Conservatives can get electoral advantage by wrong-footing Labour into outright opposition to such a bill and then being able to get a two thirds majority in the House of Commons for a snap election under the Fixed Terms Parliament Act!
As a postscript would the Conservatives campaigning for a mandate to trigger the Article 50 notice be temptingly likely to achieve Theresa May’s aim of destroying UKIP?
It will also be interesting to see if Labour can actually survive as a Party outside of the metropolitan areas on a ticket of opposing Brexit when a vast majority of their voters in much of the rest of England voted to Leave in June’s EU Referendum!
There is the famous story of how, in a fit of petulance, Edward III decided that his Order of Knighthood wasn’t going to be of the Arthurian Roundtable but rather of the Garter, when his courtiers sniggered at a garter falling off Edward’s mistress’s stocking and which he had bent down to pick up. He is said to have responded ‘Honi soit qui mal y pense’, the motto of the garter (meaning evil be to him who evil thinks it).
The Conservative’s House of Commons procedural EVEL tinkering which gives predominantly Conservative MPs a veto in the House of Commons over Bills which the Speaker of the House certifies as being English only has caused a flurry of comment. Some of it utterly hysterical, especially from the Scottish contingent, whether they be SNP or Labour; also, indeed, some Scots representing English seats for the Conservative Party and also the Northern Irish Unionists and Welsh MPs commentators. Generally English commentators tend to think that it is a fairly minor alteration which is merely a nod in the direction of English interests.
As English Democrats we of course say it is far too little to give a proper voice to our Nation’s interests. However one of the more interesting and thoughtful articles written about this has come from the Economist’s constitutional commentator, writing as Bagehot’s Notebook. I reproduce his article below but I think the importance of the article is that it highlights two significant issues.
One is that there is a fundamental choice facing English people in the fairly near future. This is whether the English Nation is happy to be broken up into some sort of bogus regions; whether they be the nine EU “Regions” or Osborne’s half baked “Northern Powerhouses”. What the article shows is that the only viable alternative to Regionalisation is Independence. That is very much the English Democrats’ analysis too and that is, of course, one of the reasons why, as English nationalists, we support English Independence.
The other point that he mentions, but has not yet fully thought through, is the new politicisation of the role of Speaker.
The current Speaker, John Bercow, with his background considering himself to be British not English, will be very likely to certify that any bill where there is any doubt is a British Bill and therefore all MPs have equal rights over it. But when John Bercow stands down or is replaced there will inevitably be a much more hotly contested election than before to be the next Speaker. English MPs, who are moving in the direction of English nationalism, will want to make sure that the next Speaker is much more concerned about English interests than John Bercow is.
On the other hand the Scottish contingent is certain to want a Scot, whether he represents a Scottish seat or an English seat, to try to make sure that there is never a veto on Scottish MPs having a full say on anything which they want to have a say on.
In the meanwhile here is the Bagehot article from the Economist :-
Oct 22nd 2015, 17:54 by BAGEHOT
THE House of Commons has just voted in favour (by 312 MPs to 270) of English votes for English laws (EVEL). Superficially a piece of legislative housekeeping—it became law by standing order—this measure fundamentally changes the way the United Kingdom functions. The country should be an unwieldy, unstable beast: few multi-part polities in which one segment is much mightier than the other work out. But Britain’s union, 84% of which is England, has lasted for three centuries because the English have for centuries allowed their political identity to be blurred into that of the British state (as I argued more fully in a recent column, pasted below this post). Today’s vote draws a line under that; a faint one, perhaps, but a line nonetheless.
Its roots lie in the febrile final days of the campaign leading up to Scotland’s independence referendum last September. Polls suggesting that the Out side was narrowly ahead panicked unionists in London, who issued a “vow” promising extensive new powers for Edinburgh. On the morning after the In victory David Cameron, in a speech outside 10 Downing Street, argued that it was also time for England to gain some self-determination. The moment had come, he argued, for EVEL: a system giving MPs for seats in England precedence in parliamentary votes no longer relevant to the devolved parts of the United Kingdom that now control swathes of their own domestic policies (most notably Scotland). The Conservatives used this pledge to tar Labour, opposed to EVEL, as the vassal of the pro-independence Scottish National Party (SNP) in the run up to the election in May. Duly elected with a majority, the Tories have now enacted it.
I struggle to find the measure particularly offensive. It is wrong that Scottish MPs get to rule on bills concerning, say, only English hospitals. Banning them from participating in such votes would create the risk of two separate governments; one English, one British (in the event of a Labour government reliant on its Scottish MPs, for example). So EVEL rightly gives English MPs a veto, but also requires all bills to pass the House of Commons as a whole. As compromises go, it could be worse.
Still, the risk of a “two-tier” Commons is real. In a chamber where all are notionally equal Scottish MPs will be less powerful than English ones. EVEL greatly inflates the role of the speaker, whose job it will be to decide whether a bill is English-only—and thus whether the English majority should wield a veto. In practice, he will generally rule on the side of Britishness. This, and the fact that further fiscal powers will soon travel north to Edinburgh (meaning that even budget votes could generate expectations of an English veto), will eventually render EVEL insufficient. It seems to me that this movie has two possible endings.
The first, happier one is federalisation. Giving England power over things that Scotland, Wales and Northern Ireland already control would clear the way to a Parliament and government in Downing Street responsible only for matters affecting all British citizens equally: foreign affairs, defence, monetary policy and so forth. An English Parliament risks exacerbating the problem that for centuries has been smothered in the mushy blur of Englishness and Britishness: the unworkable rivalry between any English government and a British one. But English devolution could yet take different forms. Sub-national authorities in England are already assuming powers unthinkable a few short years ago: Greater Manchester will soon run its own health service, for example. The long-term solution to Britain’s constitutional quandaries is probably a federal system in which Manchester, Birmingham, Leeds, Newcastle, Bristol, Cardiff, Southampton, Edinburgh and Belfast meet together, on equal terms, in London.
The second and more likely possible outcome is separation. English self-denial has been the glue holding the union together. It is melting. Both EVEL and the broader rise in an English sense of identity (comprehensively outlined in a 2012 paper by the IPPR, a think-tank) suggest that the United Kingdom is experiencing a great normalisation. Its constitutional imbalance is finally asserting itself. A ship that has sailed forth for many years despite a strong tilt is finally listing towards the waves. Last year’s Scottish referendum—and the strong appetite for a rerun evinced at the recent Scottish National Party conference—suggests that it is already taking on water. EVEL may prove the point at which it tips too far; at which England’s reemergence accelerates and at which the ship capsizes.
Bagehot