On new metaphorical applications of the Schrödinger’s Cat thought-experiment or joke and the need for a new legal test case, in the context of #Brexit
Before we get close again to a default, no-deal Brexit, perhaps next time with no extension on offer, it’d be nice to discover the British PM’s as-yet-undisclosed beliefas to the correct answer to an unresolved constitutional question. That question is what the constitutional requirements are for revoking the Article 50 notice already given.
A key question within that is whether there would need to be a new Act of Parliament before the PM could revoke Article 50 notice. What does the PM think is the answer to that? It’s not at all clear from the news what she thinks.
It is Tuesday evening, and less than 72 hours before the UK leaves the EU, unless Article 50 notice is withdrawn, or the Council grants a further extension to the Article 50 period. I wrote yesterday, i.e. on Monday, from Bucharest, to a comrade, saying,
I never in my life, before today, expected one day to find myself taking a Prime Minister to court, seeking an injunction to stop him or her from doing something or other that he or she was reported on the BBC news to have threatened to do, which I thought was probably illegal, but which the PM apparently thought he or she was perfectly entitled to do, just because he or she was PM. Yet that is exactly what I am expecting to be doing later this week, when I get back from Romania.
Tonight, I am staying a short walk from the Royal Courts of Justice. I hope to get a hearing in the morning, in Court 37. The applicati0n and my witness statement are here.
POSTSCRIPT added 29th April 2019
I intend to add to this post the transcript I have ordered of the hearing of Wednesday 9th April, which should be available any day soon.
Learning that the British Prime Minister was seeking the EU’s permission to delay Brexit further and threatening to cancel it altogether if she didn’t get her own way (about which I hope to see her in court), I thought I’d add some extra verses to the o-o-ol’ negro spiritual I’d mentioned in my 2004 Houston speech.
LET MY PEOPLE STAY
When Israel was in Egypt’s land Let my people go Oppressed so hard they could not stand Let my people go
Go down Moses Way down in Egypt land Tell old Pharaoh “Let my people go”
I have a confession to make. The night before the Brexit referendum, I prayed for divine intervention, suggesting one possible thing to the Lord (meaning the triune God of Christianity), in the context of a general prayer for Him to do something. I suggested His causing freak weather on polling day, affecting areas of the country where intended Remain voters were in the majority.
I voted Leave in the Brexit referendum. However, even as I voted Leave, I knew that I wanted the UK to remain in the EU temporarily after a victory for the Leave campaign.
I want the UK to remain in the UK until the work is done, in order to lead a campaign within the EU, for the reform of the procedure for a member state to leave the EU, to make it safe for the UK and any other member state to leave the EU.
The EU Directive published today on the right to die places the EU Commission on a direct collision course with the Council of Europe, which is still, in its European Convention on Human Rights, rather sold on the outdated notion of humans having a so-called “right to life” (Article 2).
The right to life is incorporated into UK law by the Human Rights Act 1998. Because today’s Directive has direct applicability, the right to die established in today’s Directive is directly incorporated into UK law, with immediate effect, by the European Communities Act 1972. This is an Act, which, as the late Master of the Rolls Lord Denning observed, Parliament may not have the freedom to repeal that it imagined it would have, when it passed the Act, even if UKIP gets elected to power.
As from today, therefore, without Parliament having to lift a legislative finger to implement the EU provision, the new British right to die now sits uncomfortably alongside the old British right to stay alive.
Me (left), my three sisters. and the elder of my two younger brothers. Taken when I was approximately eight years old.
My younger son, Noah Cornelius David Allman, the day he was born
The photograph at the top of (nearly) every page of this blog, was taken at a BBC hustings in 2015, I was standing as “Let every child have both parents” candidate, for the party Restore the Family for Children’s Sake. The dazzling spotlight effect is caused by the alignment of the sun with a small window at the back of the church and a break in the cloud cover, at the exact time I was giving my two-minute self-introduction.
From left to right, Noah, me and two children whose parents were from Nigeria, cared for by a family friend
Exeter School, September 2016 Old Exonians reunion. I am holding a photograph of our victorious house cross-country team