Mike Vickers' Blog

December 25, 2019

The Trail of Charles 1

Filed under: Brexit, Dictatorship, History in the making, Johnson, Law, Westminster — derryvickers @ 8:27 pm

Charles I: Killing a King

A three-part series on BBC 4 on the Trial of Charles 1.

The Trial comes to a climax on the decision as to whether Charles 1 raised an army and a bloody civil war against the people of the UK (well mainly England) and against his oath on his Coronation to protect the people.

He is found guilty, as we know, by what were in effect a chosen selection of the Proletarians. Charles 1 had ignored the will of Parliament and had ultimately gone to War to prove that he was King by Divine Right and was therefore omnipotent.

Charles was ultimately defeated by Cromwell and Fairfax, captured and had to be put on trial – the series makes no attempt to show that the trial was a show trial; rather it makes the case that the King is Not Above the Law and as such it set the precedent for the numerous examples across the World since.  We shall see whether, as claimed by the lawyers interviewed, the Trail affected UK Parliamentary Democracy ever since.  A bold claim and one that looks dubious in the light of the recent UK Election where the Executive has assumed the mantle of the Devine Right of Kings .

As at 25th December the Series is still available on BBC4

December 18, 2019

Enter Johnson the Dictator

Filed under: Dictatorship, Europe, Johnson, Supreme Court, UK Parliament — derryvickers @ 2:30 pm

Under plans made by Theresa May, the incorporation of all EU case law made by the European Court of Justice into UK law after departure would have left the supreme court as the only body able to overturn these decisions.

But asked about reports that Boris Johnson had ignored concerns from some ministers and decided to allow lower courts the same power, his spokesman confirmed that this would be part of the new withdrawal agreement bill.

https://www.theguardian.com/politics/2019/dec/18/lower-courts-can-roll-back-eu-laws-after-brexit-no10-johnson-confirms

November 15, 2019

Clara Ponsati and Aamer Anwar working together

Filed under: Aamer Anwar, Clara Ponsati, Law, Politics, Scottish Independence — derryvickers @ 11:13 pm

I support Catalonia and consider the prison sentences on members standing up and trying to set up an independent Catalonia should be withdrawn; the sentences are horrendous. But they knew what they were doing and what they might expect.

I don’t think Clara should be extradited to follow suit knowing what would await her if she returned.

Aamer Anwar is doing a great job at defending Clara’s extradition at, I suspect, much reduced fees.

And he gave a great Jimmy Reid lecture.

See the video at

Clara Ponsati

Clara Ponsati with Aamer Anwar

Video of Aamer Anwar’s 2019 Jimmy Reid Foundation lecture

September 26, 2019

Rather the UK Cabinet has no Moral Right to Sit

Filed under: Anna Soubry, Bercow, Bill of Rights, Brexit, Dictatorship, Gina Miller, Jeremy Corbyn, UK Parliament, Westminster — derryvickers @ 7:07 am

“This parliament is a dead parliament,” [Geoffrey Cox] said. “It should no longer sit. It has no moral right to sit on these green benches.”

Expel the Johnson (Mussolini) Dictatorship.

September 25, 2019

Legal and Not Political

Filed under: Bill of Rights, Brexit, Law, Supreme Court, UK Parliament, Westminster — derryvickers @ 5:29 pm

Legal and Not Politics

From Scotsman 25/09/2019.

Cormack suggests that the demand for a Written Constitution should be rejected.
The Case Law is now clear

Worth noting:
“to place a limit on the discretion of the Prime Minister in a way that protects, rather than undermines, the separation of powers in our constitution among Parliament, government and the courts.”

Scotsman View

The Supreme Court decision

September 24, 2019

A Significant Victory for Democracy in the UK

Filed under: Bercow, Bill of Rights, Brexit, Dictatorship, Gina Miller, Guardian Newspaper, History in the making, Scottish Government, UK Parliament, Westminster — derryvickers @ 3:13 pm

I view this as a great victory of Parliament over the Executive.

‘Bring Back Control’ to Parliament, not to a cabal of Tory misfits.

Simon Jenkins in this afternoon’s Guardian

https://www.theguardian.com/commentisfree/2019/sep/24/supreme-court-judgment-sounds-trumpet-failed-prime-minister.

He is somewhat sanguine in his final paragraph:

‘Whether that is sustainable in an era in which parliament and MPs are held in such low regard, in which the political parties are so fragmented and partisan, and in which the electoral system that creates the sovereign parliament is so slewed in its effects, has to be in doubt. The supreme court did not just sound the trumpet over a failed prime minister. It did the same over a failed constitutional order.’

I agree. Whether the UK will now embark on a written Constitution is still a matter of conjecture.
A trouble point remains; we still have the right wing media supported by capitalists on the make.

But I came to the Bill of Rights of 1688, late. I had misaligned it with the Glorious Revolution of 1689.
In the end the Bill of Rights was crucial to the Supreme Court’s ruling.
As an aside it was before the Act of Union of 1707.

September 19, 2019

The Supreme Court – John Crace summarises 19 September

Filed under: Brexit, Gina Miller, Johnson, Law, Uncategorized, Westminster — derryvickers @ 9:54 pm

John Crace at his best.

Far more to the point than mine on Newton and the Supreme Court

https://www.theguardian.com/politics/2019/sep/19/supreme-court-hears-masterful-prorogation-defence-dont-sweat

Newton and Prorogation of the UK Parliament

Filed under: Bill of Rights, Brexit, Dictatorship, Gina Miller, History in the making, Johnson, Law, Newton — derryvickers @ 7:13 pm

Isaac Newton in 1675: “If I have seen further it is by standing on the shoulders of Giants.”.

Equally this applies to Law as it does to Mechanics.

So much is Case Law.

But with the Prorogation of Parliament by Johnson, there is too few Cases to build on other than the Bill of Rights 1688.

I note in his closing submissions, Keen said the judges should decline to become involved. “Whether it is dissolution or prorogation [of parliament], this is forbidden territory … It is a matter between the executive and parliament.

But this is a not possible as, as Parliament is not in session, the matter cannot be resolved ‘between the executive and parliament’

He continues “The applicants and petitioners are inviting the court into forbidden territory and an ill-defined minefield that the courts are not properly equipped to deal with.”

Nevertheless, the Bill of Rights 1688 provides for:

Dispensing and Suspending Power.

By Assumeing and Exerciseing a Power of Dispensing with and Suspending of Lawes and the Execution of Lawes without Consent of Parlyament

And can we expect Johnson now to tamper with:

Violating Elections.

By Violating the Freedome of Election of Members to serve in Parlyament

The real question remains, is the Executive above or subservient to the Parliament. Is the Executive ‘The Queen in Parliament’ and, even if so, the Bill of Rights states that ‘Exercising a Power of Dispensing with and Suspending of Lawes and the Execution of Lawes without Consent of Parlyament’.

We can only wait a see what the conclusions of Supreme Court comes up with. What ever verdict is arrived at we may hope that we can be able to, as Newton says, Stand on the shoulders of Giants for the future.

BTW Bill Jameson in today’s Scotsman suggests that if the Supreme Court cannot come to an agreed verdict it could appeal to the European Court of Justice.

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