Post
by michael scuffil » Sun Dec 09, 2018 6:46 pm
The UK as a member of the EU is not ruled from 'outside' any more than Kent is ruled by the West Midlands. In practice, about 1% of EU directives were opposed by the UK. Membership of NATO involves a far greater surrender of sovereignty, as it commits us to sending British service personnel to their possible deaths in certain circumstances.
The constitutional position is quite clear. Parliament is sovereign (not, incidentally, the people). A parliament cannot bind itself, nor can it bind future parliaments (otherwise they wouldn't be sovereign). In this sense, 'rule' from outside the UK can only be by mutual agreement with the outside party (unless there is a revolutionary situation in which the current constitution is ditched). The UK maintains many such agreements which inhibit its freedom of action.
Seeing the UK opted out of Schengen and the euro, the only major change in Europe to affect the UK since 1975 was the introduction of the Single Market on 31 December 1992 which allowed you to bring a carload of booze in from Calais unchallenged. That, I need hardly remind you, was imposed on the EU almost single-handed by Margaret Thatcher, who, with the Single European Act, did more than anyone else to integrate the UK with Europe.
Frankly Mrs May has only one honourable option when she loses the vote: to stand up and say 'Parliament has voted down the only possible Brexit option, hence Brexit is dead'. She can then, by order-in-council, retract Article 50. Either house of parliament can 'pray' (as the language goes) against an order-in-council, but as there is a huge 'remain' majority in both houses of the sovereign parliament, such a 'prayer' would not succeed. Mrs May should then resign and hand over to a national unity government for the lifetime of this parliament.
Th.B. 27 1955-63