Brexit Litigation in the Court, and Brexit Litigation in the Court of Public Opinion

Every person has the capacity to act intelligently, to consider calmly and to do what is right, so long as they are equipped with the proper tools. The problem is that instead of comprehensive and investigatory news built on facts and a neutral eye, they have been fed shocking and angry tabloid headlines that pander to their basic animalistic predilections for protectionism and tribalism. Instead of being immersed in a culture of intellectualism and willingness to accept progressive change that might benefit them, despite it being alien and overwhelming, they are swaddled by the Kardashians and information within traditional parameters of what seems logical based on outdated notions that were only relevant to a world that has since changed. Instead of having had fostered for them a culture of involvement in civic duty and public discourse, and having responsibility for their society, they are removed and taught only to focus on what they can materially gain. They are bred on a culture of lethargy and apathy toward matters of Government based on ideas that nothing changes and the institutions of state do not represent them, that they are something distinct from the people themselves, when in reality, removing this perception would remove this problem, since the people would realise they can be as involved as they like and they do form an important part of their society.

So, when suddenly a matter of extreme constitutional importance, a matter that affects the future of global geo-political relations, that affects humanity’s culture and the next steps that we take, is thrust upon them, they react as only they could be expected to, having been bottle fed on nonsense and lies and having had their knee-jerk, archaic instincts pandered to. The people have been bred in a culture that wilfully allows them to retreat to comfort and ignorance.

When David Cameron announced that the people would have a direct say over Britain’s membership of the EU, he was not affected by an unusual desire to empower the British people. He was affected by panic over losing power with the rise of UKIP and right wing populism generally. He was affected by fear of the oncoming shift in the political status-quo that he could see on the horizon. He was scared that neoliberalism and globalisation would soon be undermined by the will of the people. And instead of combatting populism, which is an erroneous, knee-jerk and uninformed solution to undeniable problems surrounding immigration specifically, and globalisation generally, as well as the lack of democracy in global institutions, he pandered to it. He chose the tactic of the East German Soviet government, to attempt to appease the people with the illusion of control, hoping that they would then shut up and sit down. But, as in East Germany, it only meant that they grasped the opportunity and rode the wave until it crashed down around their superiors. Because deep down the people know that they want control over their destinies. They simply have not been equipped with the right tools to exercise it with the requisite foresight and understanding.

The people voted to leave, and they expected to leave. They did not expect that their decision would be reviewed by the High Court in the first instance, and now the Supreme Court on appeal. And so we find the first example of the disparity between the law, and the law as reported by the media and by manipulative campaigns. The referendum took place pursuant to the European Union Referendum Act 2015, which the High Court reiterated does not confer a statutory power (as does no other piece of legislation) to give notice of withdrawal from the EU under Article 50 of the Treaty on European Union. This is not what the people thought. The literature disseminated by the Government of the day told them that their say was final. The decision was reported by the media as one that would be final.

The media, especially the British tabloids, instead of telling the people the true state of the law and the true position of the referendum – never mind giving them a true account of the specificities and complexities of either side of the argument – pandered to their flag-boners and to illusive, chimerical notions of abstract control and tribalism, which in any real sense no longer exist. In doing so, once the decision of the High Court had been handed down, the Daily Mail, the Express and the Sun et al. had set the tone to be able wantonly and without consequence or shame to brand the judges as traitors to their country and usurpers of democracy. The irony is that in actual fact the journalists, owners and editors of these papers are the true traitors to their country and to their countrymen, and their publications actively and maliciously undermine the proper exercise of democracy.

The judges in the High Court, far from deciding on the merits or demerits of Brexit, were deciding on the proper, lawful process according to the British constitution by which it should be brought about. That is, they were deciding whether the Government could ‘trigger’ Article 50 unilaterally using the Queen’s prerogative or whether Parliament is required to vote on the matter. The second irony, then, is that in condemning the judges for deciding that Parliament needs to vote, the papers were impliedly supporting the use of a monarch’s undemocratic executive power and rejecting parliamentary sovereignty, which is the very thing that was being voted for in voting to leave the EU.

The Brexit litigation was reported as if the judges were deciding on Brexit. The legal issues were not communicated properly to the people. You have been lied to from the very start of this referendum by the institutions who owe you a duty to equip you with ample and correct informational tools to be able to form a constructive and responsible part of this society.

The tabloids’ treatment of the Brexit litigation goes far beyond issues of shoddy journalism. It strikes at the very heart of our political and legal structures. The law is given legitimacy through consent. We all impliedly, by not revolting, consent to the legal structures in place and the laws that mediate our social relations. This is important because without consent a legal and political system is not legitimate and it then has one of two recourses. One, it breaks up at the behest of the people and a new system is formed. Two, and far more likely, those responsible for its continuation and who benefit from that continuation use coercion to keep it in place. Behind every law and every institution of state is the inference of force. That is what gives a Government made up of thousands of people power over millions of people. And this is fine, since for the most part we all impliedly agree that the legal system, the constitution and the political framework work in our favour and that their use of force will be legitimate because it will only be used in the event of someone or something breaching the social contract, and that it will be used for the good of the majority.

Therefore, when we get to a state of affairs in which an unrestrained media can demonise members of the most evolved judiciary on the planet and undermine their very position as arbiters of the law and checks on Government power by deliberately mis-communicating that law and said judiciary’s actions, we risk a breakdown in the social contract and the consent by which we are all governed.

Rest assured, the judiciary is exercising its constitutional duty. It is deliberating on the law and on the law alone. It is not deciding whether Brexit should happen. At the very worst it is deciding whether Parliament should decide whether Brexit should happen. And Parliament is made up of MPs who are your representatives, who you elected. Do not take my word for it though, read the summary of the case in the High Court. Before you take a position on the basis of the propagation of massive media corporations, think to yourself firstly, why are they shouting so loudly? It is always the case that those who shout loudest are either the weakest or the most scared. The media is both, because the people are the ones with ultimate power; all you have to do is equip yourself.