“A Judicial Jamboree” – Boris and the Supreme Court
By Duncan Whitmore
Last week’s judgment of the Supreme Court (“Miller/Cherry”1) that Boris Johnson’s prorogation of Parliament was unlawful has been greeted as a “triumph” of democracy on the Remain side but, conversely, as an unwarranted judicial wading into politics on the Leave side – together with calls for the scrutiny of judicial appointments akin to what is seen with the US Supreme Court.
It will be argued here that, while undoubtedly significant, the court’s judgment to review the government’s decision for prorogation (and its disagreement with that decision) was not the most extraordinary aspect of the case. As we shall go on see in detail, the case is really an outcome of a continuing, decades-long attempt to squeeze historic, pre-democratic elements of Britain’s constitution into a democratic straitjacket.
What is astounding, on the other hand, is that the robustness and confidence of the decision represents a continuation of the same theme we identified in a previous essay on Brexit and the British Constitution – that the pro-Remain establishment, instead of simply cutting its losses and swallowing Brexit, is blind to the fact that its efforts to thwart the referendum result is jeopardising everything that legitimises (in the eye of the public) the sustenance of the British state. As Sean Gabb has said in his own post on the matter, “all that surprises me is that the Remainers are so committed to stopping Brexit that there is no part of the Constitution they are not prepared to feed into their political shredding machine.” Surely they must have realised the Supreme Court’s decision, delivered without a single dissenting voice among eleven justices in spite of convincing counterarguments, would brazenly and wantonly take a sledge hammer to yet another veneer of legitimacy over the state system that keeps them in power – the notion of an independent and apolitical judiciary? Read more
Boris and Brexit
By Duncan Whitmore
At the time of writing, a bill to delay Britain’s exit from the European Union beyond the October 31st deadline is making its way through the House of Lords, following Prime Minister Boris Johnson’s loss of all of his votes thus far in the Commons. Johnson has also lost his Commons majority after one MP defected to the Liberal Democrats on Tuesday while a further twenty-one were denied the Tory whip for voting against the government that same evening. It is, therefore, probable that the bill will be passed and, without the ability to call a general election, somebody will be carted off to the EU to grovel for a Brexit extension until January 31st.
Nevertheless, in contrast to the Maybot (whose repeated defeats ground her down into the appearance of an exhumed corpse), Johnson remains remarkably upbeat. If his chief strategist, Dominic Cummings, is as brilliant as he is reputed to be, then this may be no surprise. After all, every major obstacle to achieving Brexit, “do or die”, on October 31st was known in advance, namely:
- An overwhelmingly pro-Remain Parliament which could be expected to use the excuse of an alleged no deal “catastrophe” to tie the Prime Minister’s negotiating hands;
- The existence of a significant number of rebellious Tory MPs amongst a Parliamentary majority of just one;
- A Speaker barely able to feign impartiality through a willingness to bend constitutional propriety and parliamentary procedure.
Church, King and State – Decentralisation and Liberty
By Duncan Whitmore
It scarcely needs to be said that life as a libertarian theorist and political activist is an often isolated and lonely existence. Even though we often have the evidence to illustrate that we are correct, our ideas are ridiculed, if they are ever listened to in the first place. While “free-marketism” from the point of view of generating “economic efficiency” enjoys a seat at the table of the mainstream and may, depending upon the circumstances, disseminate views which are taken seriously by the highest echelons of government, radical libertarianism does not. We are a bare minority of extremist nutcases, deluded by the romantic fairytale vision of the industrial greatness of the nineteenth century, the reality of which, we are told, meant spoils for the rich and destitution for the masses. Our intellectual heroes are derided as dogmatic crackpots who would do away with all of the civilising achievements of our social democratic world order and consign us all instead to a vigilante society reminiscent of the “wild west”.
Having said of all of this, the endeavour to justify libertarian principles is only a small part of the battle. In fact, the biggest difficulty in such justification is not in crafting high quality arguments that will consign statism and socialism to the intellectual rubbish heap. Rather, it is the fact that the die is so heavily weighted in favour of statism, and that the willingness to accept any kind of confirmation bias, however minute, for the status quo is so eager, that even if one was armed with a fortress of insurmountable libertarian arguments the debate could still be lost. No doubt many libertarian has been in the position of having taken a horse to water only to find that he will not drink – and that, sadly, we must be prepared to wait for him to realise that he is dying of thirst. Read more
This is a rather threatening small cloud on the horizon.
Sean Gabb, on this column, bravely defended the position that we ought to vote Tory this time, to give us just a little more time before fully-sliding down into the eternal cesspool of the socialist Endarkenment. Something might turn up: you cannot know unless we could try it. It could be worth the candle, the game could. A few more years to organise, under a State that won’t, probably, actually turn its police’s guns on its own people.
But now we have this. And indeed, when you watch Gordon Brown at PM’s questions, he really does seem like a fighter whho truly believes what he is saying, and who truly believe in the unutterably-irrevocable wickedness of the Tories and others, any others, that oppose him and his. You can see how Simon-Cowell-educated people will wamr to him and will tend to vote for him.
We are truly f****d. But hopefully the setting-in of the true rot will take some time. However, knowledge still exists in distributed form, and we can ameliorate the effects of civilisational decay (barring violence and fire) over the years and decades.
It looks like we have to go down to the bottom, before we can go up. Like the poor Germans. So we might as well vote for whoever pleases us.
I always thought this man was a class-A1-lackey-and-running-dog-of-the-new-political-boss-class, since he made such a prat of himslef on some Newsprog or other, here:-
On this blog here and there the Boss mkaes reference to MPs possibly not being paid at all. I agree that they ought only to think about “entering parliament”, as they used to call it – at a time of life when they can afford to support themsleves while doing public good by refusing to legislate hysterically about everything.