The top judge in question was Mr Justice Mostyn, who was commenting on a judgement by the European Court of Justice in Luxembourg regarding the case of an asylum seeker. The barrister in the case had cited the European Charter of Human Rights. He lost the case but the decision was reversed by the ECJ. The Judge was under the impression that the Government had secured an opt-out in its negotiation of the Lisbon Treaty; however the ruling of the Luxembourg court overturned this.
The Judge said, “To my mind it is absolutely clear that the contracting parties agreed that the Charter did not create one single further justifiable right in the domestic courts”. But the Luxembourg court’s judgement means that the Charter, which contains a “host of new rights”, is now valid in British courts. Mr Mostyn added that, “The constitutional significance of this can hardly be overstated. The Human Rights Act incorporated into our domestic law large parts, but by no means all, of the European Convention on Human Rights. Some parts were deliberately missed out by Parliament.”
He continued, “The Charter of Fundamental Rights of the European Union contains, I believe, all those missing parts and a great deal more, Moreover, that the much wider Charter of Rights would remain part of our domestic law even if the Human Rights Act were repealed”.
The Judge’s pronouncement should not surprise anyone who understands anything about how the European Union works; or who how understands how successive Governments and Parliaments have used dishonesty and deceit to further the ‘Great European Project’ of creating a single, borderless political state governed from Brussels.
The Labour Government ‘negotiated’ the Lisbon Treaty; they also incorporated the European Convention on Human Rights into domestic law by means of the Human Rights Act. The Tory and Lib-Dem Coalition Government refused us a referendum on the Lisbon Treaty – which had been enacted by an Act of Parliament and could have equally been repealed by an Act of Parliament if the British people had rejected it in a referendum.
The protocol in the Lisbon Treaty, supposedly excepting us from parts of the Charter, was always going to be open to test in the European Court of Justice, and everyone knew the day would come. The outcome of that event was always predictable. The ECJ has now pronounced its judgement, and unsurprisingly overturned that exemption. I say “unsurprisingly” because ever since I help set up UKIP twenty years ago we have made the point that the European Court of Justice is not an impartial court of justice as we would understand it under English law, but rather another engine of ‘ever closer political union’. They are always going to find in favour of extending the power of the Union.
As we know, EU law always take precedence over domestic law. The Judge could not be more right when he said that “The constitutional significance can hardly be overstated”. Yes indeed, our laws are now either made somewhere else, or those few laws still made here by our Parliament can be overturned by a foreign court. This case is not about the rights or wrongs of one particular asylum application but about how the British people are governed and whether we are any longer a ‘free people’ in the constitutional sense that we have taken for granted over centuries.
The learned Judge has come to realise that we are no longer a free people, with our laws made by our own democratically elected parliament, and those laws applied and interpreted in our own free and impartial courts of law. We are now a subject people whose constitution and laws are set overruled and aside by the European Union and its associated bodies. We can either say goodbye to our long and noble history as a free people or restore our former status as an independent country by taking Britain out of the European Union.
Gerard Batten MEP has written a book entitled Inglorious Revolution that shows how our constitution has been subverted by membership of the European Union, and how we are now living in an unlawfully constituted state. Copies may be obtained at the special price of £5 each by contacting email@example.com