Posts Tagged ‘Enabling Act’

Tory Lawbreaking Mentality: The Fuhrer Protects Justice

September 10, 2020

Zelo Street has put up an article today further exposing the Tories’ proposed legislation breaking our previous agreements with EU. It quotes from the FT’s article about this, noting that the new law goes much further than has been commonly reported and enters a world of such official contradiction that not even Orwell predicted it. Zelo Street writes

‘Take, for instance, the last line of Paragraph 44, which says simply “Certain provisions to have effect notwithstanding inconsistency or incompatibility with international or other domestic law”. So it’s illegal? No problem – it’s now legal.

‘The scope of the proposed legislation should also give concern: it defines “relevant international or domestic law” very broadly indeed. Included here are “any provision of the Northern Ireland Protocol … any other provision of the EU withdrawal agreement … any other EU law or international law … any provision of the European Communities Act 1972 … any provision of the European Union (Withdrawal) Act 2018 … any retained EU law or relevant separation agreement law”. And then it goes further. Much further.

Here we proceed through the looking glass: “any other legislation, convention or rule of international or domestic law whatsoever, including any order, judgment or decision of the European Court or of any court or tribunal”. It is possible that even the Enabling Act passed by the Nazis in 1933 was less blatant in its disregard of democracy.’

This a fair comment. One of the accusations used against Jeremy Corbyn, if I remember rightly, was that he approved the quote ‘everything Hitler did was legal’. But the quote was correct: Hitler’s rise to power was entirely constitutional. As was his passage of the Enabling Act, the law which granted him absolutely power as dictator. The German constitution provided the head of state to take absolute power and rule by decree during a period of emergency, which could last up to four years before expiring. Then the law would have to be renewed. Hindenberg, the last German president, was already ruling by decree thanks to a deadlocked Reichstag in which none of the parties had a majority and the pillars of the German Weimar coalition were now no longer working with each other. After the Reichstag fire, the Nazis were able to declare a state of emergency. And so Hitler became constitutionally Germany’s absolutely dictator. And every four years, he recalled the Reichstag, packed full of Nazis who were the only permitted party, and got it to renew the declaration of the state of emergency.

Even the massacre of the SA during the Knight of the Long Knives had a legal justification. It was formulated by the brilliant, radical right lawyer Carl Schmitt, who later became disenchanted with Hitler and his murderers. He published a piece ‘The Fuhrer Protects Justice’. Roughly summed up, the argument was that Germany had entered a state of lawlessness. In order to restore law and order, any actions by the authorities were justified, even if they in turn broke the law.

The Tories didn’t get their ideas about passing legislation allowing the violation of existing laws and international treaties from the Nazis. I believe a more immediate inspiration was George W. Bush’s odious Tort Reform law over in the Land of the Free. The Smirking Chimp wanted to help firms get round laws guaranteeing certain workers’ rights. Instead of repealing the legislation, his way of circumventing them was to pass another law, which banned anyone from using them to sue their employers.

Passing one law to make another illegal. That’s what Shrub did, and what the Tories have done now.

This comes on top of Priti Patel continuing her attacks on ‘activist lawyers’ trying to protect the rights of asylum seekers crossing the channel in flimsy, dangerous boats. Even after her department was told that such language was illegal.

Zelo Street’s article quotes lawyer and commenter David Allen Green on the Tories’ move to illegality:

‘“The Conservatives, once the part of law and order, are going to deliberately break the law … on the issue of State Aid, a legal cornerstone of Thatcherite economics … because they agreed a border in the Irish sea, even though they are nominally a ‘unionist’ party. Weird”.’

He also quotes Thatcher herself, who told her party at their 1975

The first duty of Government is to uphold the law. If it tries to bob and weave and duck around that duty when it is inconvenient, if Government does that, then so will the governed, and then nothing is safe – not home, not liberty, not life itself”.’

He then dryly remarks that they used to revere her every world, and concludes:

Any MP who votes in favour of this Bill is not only not a democrat, but is unfit to serve. We have arrived at a dangerous moment. Britain is close to becoming a very dark place.

Absolutely. This is a real step towards the creation of a lawless, authoritarian state where legislation can be invoked or violated at whim like Putin’s Russia.

To mangle one of Orwell’s metaphors from 1984, the Tories are taking out the jackboot ready to stamp on our faces forever.

See: https://zelo-street.blogspot.com/2020/09/tory-law-avoidance-law-revealed.html

Hitler, Trump and Political Threats

March 24, 2016

A few days ago I blogged about how Trump had threatened the Republican party with riots if they took the presidential nomination away from him with a brokered convention. The parallels between Trump and the Nazis have been made over and again, particularly in regard to violence. And this is no exception. Adolf Hitler made the same threat on the 23rd March 1933 at the Kroll Opera House during the meeting of the German parliament to debate the Enabling Bill, the piece of legislation that gave Adolf absolute power as Germany’s dictator.

Hitler first of all tried to reassure the assembled delegates that the bill would not permanently impair the presidency, the two houses of the German parliament, the Christian churches and the individual federal states. He then warned that if he wasn’t given the majority he was ‘prepared to go ahead in the face of the refusal and the hostilities which will result from that refusal.’ Backing this threat up were the massed ranks of SS and SA.

That’s how frightening similar to Hitler Trump is. Hopefully, right and sense will prevail, and the American electorate won’t vote for this bastard in November. Hopefully.

The clock’s ticking, and Hitler also claimed to be defending his people’s freedom from international capitalism and the threat of Communism and Socialism.