Global Vision, July 12, Sir Bill Cash
The only reason why we have ever been under the laws of the European Union at all, with their accumulated and harmful effect over the last forty-eight years, is because the UK Parliament, without a referendum at the time, voluntarily agreed to enact the European Communities Act 1972 and only by a majority of eight. There is no other reason.
This 1972 Act subjected us to accepting the role of the European Court of Justice and the rule of European Community Law. Everything else flows from this including the running of our economy in a massive range of areas, including commerce, competition law and other vast swathes of activity. All this ends with the repeal of the European Communities Act 1972. The European treaties, up to and including Lisbon, have no force in law in the UK without the 1972 Act.
The supremacy of Community law over domestic law ended with our leaving the European Union under the express wording of the Withdrawal Agreement 2020 Act including Section 38. There are however those in the establishment and in Parliament who still hanker after some form of re-entry.
The Withdrawal Agreement Act 2020 was passed on second reading by 124 votes, following shortly after last December’s General Election. This constitutional outcome reflected the will of the people in the referendum authorised by Act of Parliament. The 2019 General Election gave the Conservative Party, which endorsed the Referendum, a majority of 81. Section 38 clearly and expressly ensures that the sovereignty both of Parliament and of the electorate through its representatives in Parliament is free from EU subjugation. The UK courts must accept this.
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