November 3, 2016 12.48 pm
This story is over 67 months old
Barry Turner: Parliament remains sovereign on constitutional matters
The High Court has ruled that the government does not have the prerogative power to invoke Article 50 in a decision said by legal commentators to represent the most important constitutional decision in generations. That profound statement is, in this instance, more than a simple hyperbole that is usually applied to the legal/political debate. Parliamentary…
The High Court has ruled that the government does not have the prerogative power to invoke Article 50 in a decision said by legal commentators to represent the most important constitutional decision in generations. That profound statement is, in this instance, more than a simple hyperbole that is usually applied to the legal/political debate.
Parliamentary sovereignty is the foundation upon which our democracy is based and it is the very concept of sovereignty that the Brexiteers based their argument upon when campaigning to leave the EU last summer. Ironically, they should be just as pleased with this ruling as those now dismissed as ‘remoaners’.
If indeed the British people were demanding back their sovereignty in the referendum, they were certainly not demanding that sovereignty meant giving arbitrary power to a PM and three ministers in a government that was not elected.
The matter will now inevitably be appealed to the Supreme Court and will be decided in December. The outcome of that will indeed be perhaps the most important constitutional decision in centuries, let alone generations, and will be central to how Britain is governed way beyond our final departure from the EU. The Royal Prerogative is an anachronistic and undemocratic relic and this ruling is a long awaited step towards a much more representative democracy.
Irrespective of whether they wish to remain or to leave the EU, everyone in Britain should applaud the decision of the court to reaffirm an elected parliament’s supremacy over an appointed minister’s arbitrary and politically motivated use of power.
If the Supreme Court affirm this decision in December, we will be on the threshold of progressive change in the governing of the UK. Far from this being a ‘constitutional crisis’ as our media love to call such events, it will be an opportunity for democracy on a par with the extension of the franchise to women in the early 20th century.
Contrary to the cries of the most strident of the Brexiteers, Parliament remained sovereign throughout our 43 year membership of the EEC and EU. Even when in earlier constitutional cases our learned judges talked of Parliament giving way to the flow of European law in our tides and estuaries, it remained supreme.
It is absolutely correct that in a democracy our elected representatives debate matters of such gravity and vote on it. It would be total irony indeed if in the ‘taking back’ of our sovereignty that we handed the future of Britain to a collection of here today, gone tomorrow appointed politicians — who have only too well demonstrated their beliefs that their political careers are ‘supreme’ over everything.
Barry Turner is senior lecturer in Law and Journalism at the University of Lincoln.
Barry Turner is a Senior Lecturer in War Reporting and Human Rights and a member of the Royal United Services Institute.
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We are appealing for witnesses and dashcam footage after a collision caused serious injuries to a 23-year-old man.
Just before 3.30pm yesterday (2 July), we received reports of a collision on Barholm Road in Tallington. It involved a grey BMW 335D estate, a blue BMW 116D and an orange KTM motorcycle.
The motorcycle rider, a 23-year-old man, sustained serious injuries during the collision and was taken to hospital.
If you witnessed the incident and are yet to get in touch with us, please do so. If you have any other information or dashcam footage available that may have captured the road along the A1175 at the time of the collision, get in touch.
By calling 101 quoting incident 282 of 2 July.
By emailing [email protected] quoting incident 282 of 2 July in the subject line.
If you wish to remain anonymous, you can report via the independent charity CrimeStoppers on 0800 555 111 or online.
The 2022 Destination Lincolnshire Tourism Excellence Awards are open for applications, and Destination Lincolnshire giving you the rare chance to co-create your application with Nell Barrington, a tourism awards veteran, who has helped hundreds of businesses write winning applications over the last 15 years – including national VisitEngland winners.
The Tourism Awards Masterclass is taking place on Tuesday 12 July at 11am for one-hour online. Laura Freer, Head of Marketing at Destination Lincolnshire said: “This is a golden opportunity, after years of hard work and heartache, to get your business and team recognised and rewarded.
“A well written application is key to achieving a coveted place on this year’s shortlist, and I’d encourage all tourism and visitor economy businesses who are thinking of entering – whether they are seasoned at writing award applications or not – to join us for this exclusive masterclass.
“Nell Barrington has worked with us and VisitEngland on the founding application processes of these awards, and she is perfectly placed to assist in co-creating applications that you can be proud of. This is a great opportunity for business development too – whether you are shortlisted for an award or not – discovering how to effectively apply for awards and talk up your business adds another string to your bow.
“Booking is essential and places are limited to just 35 – so be quick! This year we’ve made our masterclass available to partners and also to those who we are yet to work with for free. Call it an added bonus, after two years away from the awards circuit.
The awards masterclass is focussed on the application process, and it will spell out what the judges are looking for. You’ll learn how to make your application stand out from the local competition, helping your chances of going through to the national VisitEngland Awards in 2023.”
There are fifteen categories open for nominations from visitors attraction, accommodation providers, hospitality businesses and many more.
The deadline for nominations is July 29, with online judging starting on July 30 and mystery shopping from August 13. Finalists will be announced on Monday, August 15.
The awards ceremony will be held at the Engine Shed on October 21, and will be hosted by Lincs FM presenter, John Marshall.
The event is organised by Stonebow Media, publishers of The Lincolnite, to celebrate the best businesses in Greater Lincolnshire, alongside headline sponsors Lincoln College and Destination Lincolnshire.
We would also like to thank our other sponsors Visit Lincolnshire, Heart of Lincs, Duncan and Toplis and LNER, insight6 and EV Camel.