Another Step on the Road to Fascism as Raab Plans Attack on Judges’ Independence

Mike’s put up a chilling post about the Tories’ latest attack on our civil liberties. It starts with a tweet from Paul Delaney stating that Dominic Raab plans to set up a mechanism in the UK’s human rights act which would ‘correct’ rulings by the European Court of Human Rights. Mr Delaney concludes ‘We live in dangerous times as Fascism looms large’.

Yes, we do. As Mike points out, this means that if the government does not like the decision made by human rights judges here in Blighty, he will override them. Raab has tried to excuse this attack on the judiciary by stating that it will somehow strengthen democracy by stopping ‘judicial legislation’. But as Mike explains, the judges don’t actually make laws. They simply apply them, and stopping them from doing so breaks the law. He goes on to explain

You see, so-called “case law” – legal precedents set by judges – are only examples of the way the law should be interpreted when applied to particular situations, to be followed if such situations arise again in order to avoid contradiction and confusion. They are not situations in which judges take legislative power for themselves and Raab is lying by suggesting that.

Mike’s article also contains a tweet from Nafzir Ali, explaining that the Human Rights Act is British law, enforced by British judges in British courts. We already have a mechanism for overriding it – legislation. It is dishonest to blame foreigners for it, and challenges to government are part of the basis of democracy.

Jonathan Jones, the former head of the government’s legal service, stated that as parliament was already able to do this, it seems that Raab is attempting to enable ministers to do so without parliaments approval. Mike’s article also quotes Cambridge professor of public law, Mark Elliott stated that giving ministers the power to overturn judicial decisions simply because they didn’t agree with them cut across ‘principles that are the fundamental components of the rule of law.’ Mike’s article goes on with this quotation:

“If that is what is in contemplation, then that is profoundly problematic,” said Prof Elliott. “Indeed it turns constitutional principle on its head.

“Ministerial power to do this would itself be deeply troubling. It would reassign a basic judicial role – interpreting the law – to ministers.

“Ultimately, this all strikes me as part of a project to enhance executive supremacy by treating courts, whether foreign or domestic, as unwelcome interlopers.

“And yet all of this masquerades as an attempt to protect parliament. The reality of this executive power project, as we might call it, is that it will be the executive that is the principal beneficiary of such changes, and the loser will be basic standards of good governance.”

Mike calls this what it is: Fascism. It resembles the Nazis’ attack on the independence of the judiciary during the Third Reich.

The entry ‘Justice in Nazi Germany’ in James Taylor’s and Warren Shaw’s A Dictionary of the Third Reich (London: Grafton Books 1988) has the following passages. These show how the Nazis also attacked the judiciary in order to subordinate to their control. While much of this is far more extreme than what Raab is currently proposing, I’m including it here as a warning of where this ultimately leads.

Hitler’s revision of the laws of Germany did not affect civil laws, such as those on wills, torts, commercial contracts, but criminal law was massively restructured. By 1945, 43 crimes carried the death penalty. Judges who did not conform to the practice of Nazi justice were removed from office; only conformists survived. Their role was to maintain not ‘the state’ but the Nazi view of the state, preserving the existing volkisch (traditional ‘Aryan’ and Germanic) elements, punishing anything like anti-Nazi behaviour and getting rid of any obstruction to the Party’s will. Prosecution lawyers were given added powers and importance in court, while lawyers for the defence were weakened… To ensure the operation of Nazi justice, from 1942 judges and prosecution were allowed to confer without any defence lawyer being present.

From March 1933 Special Courts (Sondergerichte) were set up to try political offences without a jury. In 1934 the People’s Courts (Volksgerichthofe) were established to try cases of high treason, but with a jury drawn exclusively from Nazi party members. This was the court over which the vicious Roland Freisler presided in Berlin and which condemned those accused of complicity in the July 1944 bomb plot.’ (P. 198-9).

As Mike has also pointed out, this has been coming for a long time. The Tories have been stirring up hatred of the courts when they have dared to rule against them. Remember the Heil’s headline labelling the judges who upheld Gina Miller’s challenge to Brexit as ‘Enemies of the people’. That could have come direct from the Nazis, Italian Fascists, Stalin or any of the other totalitarian monsters. The independence of the judiciary has been a vital part of the British constitution with its origins going right back to the founding legal theorists of the twelfth century. It, and parliament, are part of what has made Britain a democracy rather than an absolute monarchy or dictatorship.

And now Raab plans to destroy this bulwark of British freedom. And he’s justifying it by claiming it’s all being done to protect our sovereignty from those evil Europeans. Just as Priti Patel is claiming to be protecting us from the threat of illegal immigration by planning to grant officials immunity from prosecution if they push the channel migrants back out, or don’t rescue them, and someone dies.

The great Tony Benn pointed out that before the Tories start taking away the rights of the settled population, they always begin with immigrants. It’s because they can count on a good reception from the right-wing press by dressing it up in nationalist garb.

But Raab’s attack on the European Court of Human Rights is just a pretext and the beginning. After he’s passed this nasty piece of legislation, he’ll be coming for more British freedoms.

See: https://voxpoliticalonline.com/2021/10/19/fascism-looms-as-raab-threatens-to-correct-court-judgments/

Musical Comment On the Supreme Court’s Decision – Boris Sings the Clash!

Those merry funsters at JOE posted this hilarious parody of Johnson over a week ago on YouTube. However, I thought it would be premature to put it up before the Court gave its decision. And given it they have! Johnson’s persuasion of the Queen to allow him to prorogue parliament is illegal, null, and of no effect. Bercow was right to condemn it, and the MPs are returning to their seats. Johnson has been attacked for this assault on Democracy by Jeremy Corbyn, Jo Swinson, Caroline Lucas and Nicola Sturgeon of the SNP. Corbyn has demanded that Johnson rethink his position and resign. And up and down the country others are demanding the same thing. This is the man, who has done nothing but try to seize power for the sake of his own massive, bloated ego and lust power. Oh yes, and the profit of his corporate donors. Who include hedge funds and venture capitalists making their money on betting that this country will be wrecked by a no-deal Brexit. This is the man, who’s made us the laughing stock of the EU. He showed a yellow streak as broad as the English Channel when he turned tail and ran away from a press conference outside in Luxembourg, because he couldn’t face being challenged by the ex-pats there. The Luxembourg Prime Minister then told the crowd exactly what the situation was, leaving Boris and his cheerleaders in the Tory press and the BBCm to lie and make up stories in order to save his face. He’s a disgrace to this country, who has brought it and the office of Prime Minister into gross disrepute, and should be thrown out at the soonest. As should his wretched party as a whole.

But I doubt he will. He’ll try to cling on whatever happens, despite this ruling. You can expect his supporters in the press to attack the judges and Gina Miller, just like the Mail called the judges, who made a ruling against Brexit ‘enemies of the people’ in an echo of the vilification the Nazis meted out to the democratic authorities in Weimar Germany. Gina Miller has already suffered gross and utter disgusting racist abuse, because she’s Guyanian. And you can be absolutely sure that the same right-wing hacks and bigots that did so will do it again.

But in the meantime, let’s have a laugh at the buffoon’s expense with this musical parody. It’s another carefully edited piece of clips of Boris and Her Maj, which make them say things that are utterly ridiculous. In this case, they sing a version of the Clash’s ‘I Fought the Law and the Law Won’.

The lyrics are:

Boris: I tried to force No Deal

on the nation.

I fought the law

And the law won

I fought the law

And the law won

When I put the Commons into prorogation,

I fought the law

And the law won.

I fought the law

And the law won.

The Queen: One got deceived

And One feels so bad.

Boris: I guess my race is run.

The Queen: You’re the worse PM

that we’ve ever had.

Boris: I fought the law

And the law won.

I fought the law

And the law won.

 

 

 

Backlash to Judges’ Brexit Ruling Reveals Right-Wing Racism and Authoritarianism

Last week the Guyanese-born investment banker, Gina Miller, succeeded in her legal action to force the government to open up the decision on the start of the Brexit process to the rest of parliament. Three judges ruled in her favour, and the result has been a tide of right-wing hatred and vilification directed against the lady herself and the judges, who made the ruling. And Nigel Farage, the former leader of UKIP, has come out of the woodwork once more promising to lead a march against the decision.

Mike in his article on the original decision reports personal threats Miller received, including rape, and comments that she should ‘f*** off’ back to her own country, and people telling her that Brits were sick of foreigners telling them what to do. She has also been denounced as a traitor to democracy.

Miller herself hit back at her critics and those, who insulted and threatened her. Mike quotes the press report on this incident, in which she told the International Business Times

“Yes there has been a deluge of hatred and anger but this is because people were lied to in respect to the EU referendum, and because (of) irresponsible figures like Farage and tabloid media who lack any understanding of parliamentary democracy and the rule of law that is the bedrock of our civil society”.

See Mike’s article at http://voxpoliticalonline.com/2016/11/04/sad-state-of-britain-someone-stands-up-for-democracy-so-she-gets-racist-abuse/

The reaction of part of the Tory right, and the Daily Mail and Express has been hysterical. On the Beeb’s Question Time, Sajid Javid, who Private Eye suggested looks like The Claw, one of the villains from one of Gerry Anderson’s puppet SF series, went over the top, exclaiming that the ruling was an attempt ‘to thwart the will of the British people’.

The Express, never known for anything like statesmanlike restraint and diplomacy, declared that “Today this country faces a crisis as grave as anything since the dark days when Churchill vowed we would fight them on the beaches.”

See Mike’s article at http://voxpoliticalonline.com/2016/11/04/irrational-responses-to-brexit-high-court-ruling/

Not to be outdone in the ultra-patriotism stakes, the Daily Mail put photos of the three judges on its front page along with the screaming headline ‘Enemies of the People’. As Mike, Tom Pride and many others have pointed out, the Heil is never very far from Nazism, and this was another instance where the rag’s headline almost exactly reproduced the propaganda and stance of the Nazi party. The cartoonist Gary Barker put up the image of the Heil’s front page, along with a similar page from one the Nazis’ newspapers, denouncing a line of judges as ‘Volksverrater’. Barker translates this as ‘Enemies of the People: Get Out of the Way of the German People’s Will’. This isn’t quite right. A more literal translation would be ‘Betrayers of the People’ or ‘Race Traitors’ – the German word volk has an ethnic connotation, which the word ‘people’ doesn’t have. The sentence underneath reads something like ‘shoved out of the German racial community’. That’s roughly what the German Volksgemeinschaft means, rather than ‘common people’s will’. Volksgemeinschaft was obviously one of the key planks of Nazi domestic ideology. I don’t know where Barker got the page from, but it looks very much like the Nazi newspaper, Der Sturmer. On its own, Sturmer just means an impetuous fellow. The Nazi newspaper of the same name is infamous as the vehicle through which the Nazis, under the rag’s editor, Julius Streicher, demonised the Jews. Back in the 1980s the goose-steppers in the BNP or NF decided to launch their own version, The Stormer, which was similarly intended to spread hate against Jews and non-Whites. Mike in the title of his article on this appalling headline asks if it is proof that the UK is shifting towards Nazism. I’d say that it was. English doesn’t quite have a word for ‘racial community’ like the Nazis’ Volksgemeinschaft, but the ideology is certainly there on the Tory xenophobic right. Daniel Hannan, the Tory MEP for Devon, who’d like to privatise the NHS, has raved in his column on the Telegraph blogs about ‘the Anglosphere’, meaning the English-speaking world, and there certainly is a tendency in the American Libertarian Right to view this in racial terms. White Anglo-Saxons are inclined towards free trade and small government, according to them, while the Irish and Continental peoples are genetically determined to be the enemies of freedom favouring Socialism and big government. This is despite the fact that Adam Smith based his views on free trade as the foundation of the ‘Wealth of Nations’ on those of the French physiocrats. And the hostility of the Heil and Express to non-White immigration is notorious.

See Mike’s article at: http://voxpoliticalonline.com/2016/11/06/is-this-proof-that-uk-politics-is-shifting-towards-nazism/

As for the Fuhrage’s declared intention to lead a mass demonstration of 100,000 outside the high court to protest against the judges’ ruling, Mike states in the title of his piece on it that ‘someone should tell Nigel Farage this is the UK, not Nuremberg’.

A mass rally to oppose democracy? Someone should tell Nigel Farage this is the UK, not Nuremberg

Mike has defended the democratic basis of the judges’ decision, pointing out that far from being traitors to democracy, the judges have upheld it. Their decision does not affect the Brexit decision, which has been settled by the referendum. It does, however, prevent Theresa May and her cabinet from deciding how it is to be implemented solely by herself, and then presenting it to the rest of us as a fait accompli. This, Mike quite rightly points out, would be despotic. He rebuts the Javid’s stupid comment by making the point that the judges merely upheld the sovereignty of parliament, which is enshrined by law. He shows how ridiculous it is to compare their lordships’ decision with the threat of Nazi invasion, as well as the homophobia in the Express’s article, which attacked one of the judges for being ‘openly gay’. As if the man’s sexuality had anything to do with the judicial soundness of his decision. And he rightly quotes the Angry Yorkshireman on the ridiculous bigotry and hypocrisy of the Heil’s attitude, who wrote:

“Thus anyone who doesn’t agree that Theresa May should be allowed to behave like a dictator by bypassing democratic accountability and making up the law as she goes along is an ‘enemy of the people’ (as decided by a bunch of right-wing hacks working for a billionaire sociopath who lives in Monaco to avoid paying British taxes!).”

The ranting of the Tory ‘Leave’ campaign on this shows the fundamental racism and authoritarianism which runs all the way through them. The Tory right are deeply undemocratic. They would far prefer that the issues were settled by a small coteries of elite, moneyed individuals in their favour. Parliament is grossly unrepresentative of the economic background of British society. Most MPs are millionaires, as Mike has shown again and again in the meme showing this fact. Even so, they represent a wider and more diverse circle than May and her cabinet. As for Gina Miller not being ‘British’, Guyana is a former British colony, and before Thatcher altered the immigration law in the 1970s, citizenship of a British colony or member of the commonwealth automatically granted the right to immigrate to this country and be considered a British citizen. This principle was held by an older generation of imperialists, including Winston Churchill. By their standards, she’s as British as the rest of us. You could even argue that as someone born in Guyana, she also has a perfectly reasonable right to bring her court action. One of the arguments of the ‘Leave’ campaign has been that if Britain leaves the EU, we will have greater freedom to develop trade links with our Commonwealth partners. As a lady born in one of those former colonies, she therefore has every right to make sure she and the other prospective trading partners are properly represented in these decisions.

The Tory attitude also contradicts one of the fundamental principles of democratic freedom articulate by John Stuart Mill. Mill was concerned that the views of the minority should always be protected and represented, even to the extent of being over-represented. He stated that if everyone in the country held the same political opinion, with the exception of one man, that one man should still be allowed to hold and express his views without suppression. But the Tories behind all this hysterical ranting clearly don’t believe that the views of the general public should be represented in the ability of parliament to vote and decide on this issue, rather than just May and her privileged cronies.

It’s also highly hypocritical. Remember when the Tories were complaining at how ‘presidential’ Tony Blair was, and how he was sidelining parliament? They were right – Blair was presidential. But this shows that their objections to a presidential style of British politics, in which power is concentrated in the hands of the Prime Minister in a manner more suitable to the American political system, was purely tactical. Once presidential power is in the hands of a Tory PM, all objections mysteriously disappear, and it is the defenders of the sovereignty of the British people and parliament, who are vilified as ‘enemies of the people.’ Perhaps, like the judges denounced by the Nazis, they’d like to see them shoved out of a British volksgemeinschaft.

This has to be stopped. Mike is quite right to recommend that people stop buying these dreadful right-wing rags, and vote out the Tories. They’re the real enemies of democracy and popular sovereignty here. Not the EU, and not the judges.