It would be inconceivable for the House to adjourn for Easter without recording the fact that last Friday the High Court disallowed an Act which was passed by this House and the House of Lords and received Royal Assent — the Merchant Shipping Act 1988. The High Court referred the case to the European Court...I want to make it clear to the House that we are absolutely impotent unless we repeal Section 2 of the European Communities Act. It is no good talking about being a good European. We are all good Europeans; that is a matter of geography and not a matter of sentiment. Are the arrangements under which we are governed such that we have broken the link between the electorate and the laws under which they are governed? I am an old parliamentary hand — perhaps I have been here too long — but I was brought up to believe, and I still believe, that when people vote in an election they must be entitled to know that the party for which they vote, if it has a majority, will be able to enact laws under which they will be governed. That is no longer true. Any party elected, whether it is the Conservative party or the Labour party can no longer say to the electorate, "Vote for me and if I have a majority I shall pass that law", because if that law is contrary to Common Market law, British judges will apply Common Market law.
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Speech to the House of Commons (13 March 1989) (Hansard, c. 56-8)Tony Benn
What happens then when majorities in the directly elected European Assembly take decisions, or approve policies, or vote budgets which are regarded by the British electorate or by the electorate of some of the mammoth constituencies as highly offensive and prejudicial to their interests? What do the European MPs say to their constituents? They say: “Don't blame me; I had no say, nor did I and my Labour (or Conservative) colleagues, have any say in the framing of these policies”. He will then either add: “Anyhow, I voted against”; or alternatively he will add: “And don't misunderstand if I voted for this along with my German, French, and Italian pals, because if I don't help roll their logs, I shall never get them to roll any of mine”. What these pseudo-MPs will not be able to say is what any MP in a democracy must be able to say, namely, either “I voted against this, and if the majority of my party are elected next time, we will put it right”, or alternatively, “I supported this because it is part of the policy and programme for which a majority in this constituency and in the country voted at the last election and which we shall be proud to defend at the next election”. Direct elections to the European Assembly, so far from introducing democracy and democratic control, will strengthen the arbitrary and bureaucratic nature of the Community by giving a fallacious garb of elective authority to the exercise of supranational powers by institutions and persons who are – in the literal, not the abusive, sense of the word – irresponsible.
Enoch Powell
Our different States have differently modified their several judiciaries as to the tenure of office. Some appoint their judges for a given term of time; some continue them during good behavior, and that to be determined on by the concurring vote of two-thirds of each legislative House. In England they are removable by a majority only of each House. The last is a practicable remedy; the second is not. The combination of the friends and associates of the accused, the action of personal and party passions, and the sympathies of the human heart, will forever find means of influencing one-third of either the one or the other House, will thus secure their impunity, and establish them in fact for life. The first remedy is the best, that of appointing for a term of years only, with a capacity of reappointment if their conduct has been approved.
Thomas Jefferson
If you want to know what the SDP is about, look at its morning star, Roy Jenkins, the greatest Euro-bureaucrat of them all, a man who would never put up with anything British if he could find something foreign to embrace instead. The SDP is the extreme pro-European party, whose one common characteristic and undisputed stance is devotion to the destruction of Britain's parliamentary independence. Anyone who thinks that a bit rough should be aware that one of the SDP's proposals is to take away even the scrutiny, let alone control, of European legislation from the House of Commons and give it to the Assembly at Strasbourg.
Enoch Powell
It is quite clear from what has been said and written that, time after time after time, there has been a conspiracy between the Conservative Front Bench in this House and the inbuilt Conservative majority in the House of Lords to defeat legislation that has passed through the House of Commons...I warn the House of Lords of the consequences...it is our strong view that the House of Lords should recall that its role is not that of a wrecking chamber, but of a revising chamber. In recent weeks, it has been wrecking legislation passed by this House.
James Callaghan
When we went to school we were told that we were governed by laws, not men. As a result of that, many people think there is no need to pay any attention to judicial candidates because judges merely apply the law by some mathematical formula and a good judge and a bad judge all apply the same kind of law. The fact is that the most important part of a judge's work is the exercise of judgment and that the law in a court is never better than the common sense judgment of the judge that is presiding.
Robert H. Jackson
Benn, Tony
Bennett, Alan
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