Extrahitis urinam

It’s the start of Boris Johnson’s Titanic success, May’s Brexit plans have collided with the iceberg of the courts. The High Court has decided that Britain isn’t a dictatorship after all. The Court has ruled that Theresa May doesn’t get to decide that Brexit means Brexit means whatever she wants it to mean all by herself. Parliament must get a say and must be consulted. It wasn’t merely that the Court found against the Tory government, they dismissed the Government’s case in the strongest possible terms, citing the legal doctrine extrahitis urinam, which is Latin for “you lot are taking the piss.”

Having spent the last few years demanding that Britain must leave Europe because it compromises the sovereignty of the Great British Half-Baked Parliament, the Daily Mail is now furious that a judge who’s an openly gay former Olympic fencer has ruled that the British Parliament must really be sovereign after all. For the Mail, the most salient aspect of the judge’s decision isn’t the fact that he’s a judge. It’s not the fact that he’s spent years practising law. It’s not the fact that he sits in the High Court. It’s the fact that he’s openly gay. Perhaps the Mail wouldn’t have a problem if he was a sad and lonely closet case, hiding away without any friends and trying to pretend he was something he wasn’t. Which is pretty much what Britain will be like after leaving the EU. Friendless, isolated, and trying to pretend it’s really a great and influential power alongside the USA.

If you want to know why homophobic attacks have soared along with racist assaults since Brexit, you need look no further than the rancid pages of the Mail and the other right wing rags which preach a venemous and hate filled variety of intolerant British nationalism.

Some more reasonable voices have expressed concern that the decision of the people in a referendum might be overturned by a court decision and members of Parliament. There is a serious debate to be had about where sovereignty lies in the UK and how it should be manifest. But this current situation has arisen because the EU referendum was not legally binding. And if it’s not legally binding can the office of the Prime Minister undo statutary law and the legal rights and obligations of citizens which flow from those laws without debating the matter in parliament. The High Court has said no.

If the government had wanted to make the EU referendum legally binding there was nothing to stop it doing so when the referendum bill was going through the Commons. All through the EU referendum the Brexiteers cried that they wanted British sovereignty, they wanted the sovereignty of the Westminster Parliament, and now the High Court has delivered that to them they’re greeting that that’s not the way they wanted it. Naturally the most unappealing government in recent history is going to appeal.

The only thing guaranteed to send a right wing Brexiteer into a fit of apoplexy more than a gay fencer judge who’s ruled against Theresa May’s right to be an absolute monarch is when the Scottish Government intervenes. And that’s exactly what’s happening now, as the Scottish Government has signalled that it’s planning to participate in the appeal in order to ensure that Scottish MPs get a say on Brexit in the Commons. Let’s just ensure that the Scotland is represented by a gay, or even better, a Muslim lawyer during the proceedings, all the better to wind up the Daily Mail. Aamer Anwar, your country needs you.

David Davies, the Tory Secretary of State for Frothing About Europe, is very angry about all this, although it’s difficult to tell when he’s very angry about something in particular since being frothing mouthed is his baseline status. Davie is furious because he thought that Brexit means Brexit means Laws Do Not Apply. Brexit means Brexit means Davie and his pals were supposed to be allowed to define what Brexit means Brexit means all by themselves. Now he’s very upset because the courts have just told him that what Brexit means Brexit means needs to be debated, discussed, and voted upon by members of parliament. That’s the same parliament that Davie was determined to secure sovereignty for last week, just in case anyone has forgotten. Because Davie certainly has.

The UK Government is taking an appeal to the Supreme Court. The case will probably be heard next month. However given the strength of the ruling against the government today, there can be no guarantee that Theresa May will get her way. She’s still insisting that she’s going to push the big red Brexit button in March next year, but a defeat in the Supreme Court could seriously derail her timetable. It means that Parliament might have to get a debate and a vote, and Theresa May will have to reveal to the country the broad details of her plan. That’s the plan that she says she’s keep secret so as not to give away her negotiating tactics, but which everyone else strongly suspects doesn’t actually exist. The Brexit plan is as mythical as Gordie Broon’s reputation as a respected statesman.

The real reason that Theresa May and her merry band of Europhobes don’t want a vote in Parliament on Brexit is because that would expose the intellectual bankruptcy of her government. There is no plan. All there is is the fond wish that somehow the EU27 will roll over and allow the UK to pick and choose those parts of the EU that it wants to retain after leaving the organisation. The truth is that Brexit means Brexit means what the EU wants it to mean, not Theresa May. And they’re not in the mood to do Britain any favours.

Brexit will still go ahead, but today’s ruling means that Theresa May and the right wing of the Tory party are not going to get everything entirely their own way. There’s now a better chance than there was yesterday that we could have the so-called soft Brexit with the UK leaving the EU but retaining access to the single market and the common customs area, keeping freedom of movement and preserving many of the rights we have as European citizens. That’s a good thing.

Audio version of this blog post, courtesy of Sarah Mackie @lumi_1984 https://soundcloud.com/occamshaver/wee-ginger-dug-3rd-nov-2016

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43 comments on “Extrahitis urinam

  1. “a great and influential power alongside the USA”; let’s only hope that the USA will still be a great and influential power this time next week

  2. Dan Huil says:

    I hope the Scottish government makes as much loud comment as possible in the lead up to, and during, the supreme court debate on brexit. The more britnat Westminster and the britnat media hates the Scottish government the better.

  3. ninian fergus says:

    Thanks very much for the wonderfully entertaining evening in

    Bo’ness Bowling Club last night!

    Ninian Fergus (Linlithgow)

    ________________________________

  4. shemorvena says:

    Of course the Tories may just Fillybluster their way through the debate, as per usual

    • Seph says:

      Filibusters work when the government wants to block something—not so much when they’re trying to get something through.

  5. Andy in Germany says:

    If your hypothetical lawywer was also a European national as well, the DM would possibly spontaneously combust, along with several cabinet ministers…

  6. KlokTok says:

    Honestly, I’m not so certain it is a good thing. Obviously, for the poor sods in rUK it is – but will it derail independence as well? Nicola has been pushing May in to a Hard Brexit corner to help secure another referendum, but a soft Brexit could seriously undermine support for Scottish independence:/

  7. Marconatrix says:

    And there´s me thinking it meant ¨piss off¨. Oh well, maybe a Scots court could give them a Biblical ¨Falbhaibh ´s fàsaibh lìonmhor¨🙂

  8. Macart says:

    Remember when folk used to ask ‘what use are our 56 MPs if they can’t influence anything?’

    Ahem (cough).

    Seems to me they can have a helluva impact on proceedings at this point. Enough of an impact to send the media into total meltdown and the yoonitariat into rest homes for the terminally ignorant and arrogant.

    POPCORN! FOR THE LOVE OF GAWD! WHERE IS THE POPCORN?

  9. RogerM says:

    Parliament can’t be trusted. Maybe the Brexiteers should appeal to the European Court of Justice.

    Middle England demands its Brexit …

    http://thomasparrot.blogspot.co.uk/2016/10/where-is-my-brexit.html

  10. […] Source: Extrahitis urinam […]

  11. Graeme Timoney says:

    Ego cum me risum urinae

  12. James Simson says:

    Fantastic, eloquent, virulent and right on the money, keep it coming Wee Ginger Dug

  13. bedelsten says:

    And in other news, the clunking fist of Gordzilla was heard stirring in its lair, muttering to itself (well, it might as well, no-one with any sense was listening) ‘federrralism, you’ll need your federrralism’.

    Meanwhile, darn sarth, in the big hoose by the Thames, deck chairs out, jellied eel sales soar, as people settle down to watch the spectacle unfold. Shame about the weather. ‘The Merry Brexiteers’, is it going to be a pantomime, tragedy or farce? No-body knows. A familiar theme, having been heard repeatedly since mid-summer. One thing for certain though, the acting will be terrible; no-one will remember their lines (technique © secretary of state for North Britain), making it up as they go along (also called hamming it © you know who), the only certainty being cries of ‘behind you’ followed by a stabbing and trousers being dropped, though not necessarily in that order.

    Eventually, there will be a denouement which will satisfy no-one and, after the interval, part II will be enacted in a new theatre in a foreign country, and, possibly, a foreign language. Here, the Merry Brexiteers, the elected representatives of Little Whinging, Lower Muddling Along and Claptown on Mud, will try and re-enact the previous script not realising that in this theatre, it is a different audience and the show will need to dance to a different tune as the UK, (the fUK to be) will be the supplicant. It will end in tears, and not of laughter.

  14. Connor McEwen says:

    All the more reason not to rely on dogs Brexit for INDYREF2AND GET CURRENCY AND PENSIONS RATIFIED IN THE ECONOMIC PAPER FOR iNDYREF2

  15. Patience is a Virtue says:

    ‘The most unappealing government in recent history is going to appeal’… a rinn mo latha.

  16. bigirishman says:

    My feeling is what most commentators are missing in its entirety While the UK has not written constitution the nearest that we have is the 1689 Settlement – a series of acts which may seem hopelessly out of date. However, the Bill or Rights is still of vital importance as it was aimed against the power of the King AKA the Royal prerogative.
    By invoking the Royal Prerogative HMG is acting like a Stuart Monarch, We, live in a parliamentary democracy, not a direct one so Referenda can only be advisory.
    Unfortunately, most people do not seem to know their constitutional law. We live in tension between the Crown and the people a place filled by parliament. One of the things which we will have to do in an independent Scotland is to get the balance of powers between Parliament and the people right.

  17. Deely says:

    Middle England forgot about Scotland…56 MP’s….

    • Referred last night by the Labour lassie, as ‘only a handful of MP’s’ voted against Brexit.
      I know, I swore never to watch it again, but the Court Ruling sucked me back in for one last time.
      No mention of Scotland, Northern Ireland, or Gibraltar in the hour long show.
      QT England.
      Two Americans, the editor of the Economist,and Labour and the Ultra Right Wing of the Blue Tories made up the panel.
      Regardless of the version of Brexit with which they eventually go( and it is clear from QT English audiences that ‘go’ they will) Scotland in particular is expected to sit meekly in an anteroom and accept its fate; dragged out of the European Community by a government for whom we did not vote, and await our fate at the hands of a neo Fascist WM Administration.
      Indyref 2 is inevitable.
      The storm clouds are gathering.
      But Hey, look on the bright side. WATP Professor Two Jobs Tomkins, and I will Not Sit Down Kelly can sing about being Up To Their Knees in Fenian Blood, and Ooh Ah Up The Ra now, and Patrick Harvie can scream;- ‘Look at me now, Ma. I’m Top Of The World’.
      I see QT is going to be in Stirling in a fortnight, doubtless packed with the Comfortably Off Leavers from the NO enclaves of the Central Belt, comme d’habitudes.

  18. Puzzled Puss says:

    Poor old Auntie Theresa has come in for a lot of stick for not having a Brexit plan. Does she really need one? In view of the likelihood that EU leaders will be doing the bulk of the decision-making anent our departure, the only plan needed is to say ‘Aye, OK then’ once they have informed the UK of the terms.

  19. bedelsten says:

    One can imagine the negotiations going something like this..… (fades to brightly lit consulting room)

    Michel Barnier donned his white lab coat, set his headlamp firmly on his forehead, looked at the appointment dairy and groaned. ‘Better together, get on with it I suppose’, he thought and pressed the buzzer for the next patient.

    A strange figure appeared sporting a rain cloud, a beer belly and a butcher’s apron; possibly a European’s stereotypical image of a resident from the other side of the La Manche.

    “Ah! Monsieur le Rosbif, come in. No, don’t sit down. We will have your Brexit sorted out in no time, just bend over.”

    Snap! The rubber gloves went on. Monsieur le Rosbif looked around hopefully at a tin marked ‘KY’.

    “No, you wouldn’t want that. I got it off a Fife fishing boat with a Filipino crew. It’s probably chili paste.”

    The investigation commenced. After a bit of probing, Michel Barnier noted, “I think there is a stone causing an obstruction. Let me see… no, it’s a rock, a hairy rock. Barbary macaque my words, that will have to go. Just a moment.”

    Michel Barnier left the consulting room holding the offending item, muttered something in Spanish and returned empty handed.

    “Sorted. Now what else have we got in there… hmm… that looks nasty, all covered in orange bands. I wonder if the Taoiseach is around? What’s that? No, I haven’t got a cold. Just hold still for a moment. Right got that, though it was a border line case. I will tell the Taoiseach that with enough rain, over time the orange bands will fade to a dull green.”

    “Right, one last look. Ah! Yes, an adhesion. It looks like a rare Hadrian’s adhesion. You don’t want one of those, much better without it. I will just get the snips out. They should still be warm after they were used on a vasectomy – made a vas deferens that did. No, you can’t pict and choose about this, you wanted the Brexit and that is what you will get. “

    “But May, my you are looking better already, almost back to the shape you were in during the 16th century. Go and lie down in a darkened room for a while, maybe all of winter. It will get dark as the lights go off given how so much of your electricity is imported from Scotland, France and the Netherlands, then come back for some more treatment.”

    “Yes, there will be more treatment. I am banking on it”.

    THE END

  20. Bill Hume says:

    Sorry Paul, sorry sorry sorry, but the word is pish, not piss.

  21. Clydebuilt says:

    The Tories are just talking tough re. a hard Brexit, to reel back in wayward UKippers…. Waiting for the Judges to save them ……. Never having had any serious intent to go for a Hard Brexit , that would damage the golden egg….. The City.
    Believing they can control the disappointment of the LEAVE voters…..

    Think about it are the Tories going to put the anti immigrant views of Northern English folk (who don’t vote Tory) ahead of The city of London…..

    • Les Bremner says:

      The cunning plan is to bribe Europe with billions of Euros to allow the City to remain the financial centre. They have already bribed Nissan to stay and there will be corporate boardrooms all over the world preparing their applications.

      Now, let’s do some basic arithmetic. We are going to leave the largest trading group in the world, with a consequent drop in the country’s ability to earn money from abroad. We will then spend money to keep things looking as if nothing has changed. Therefore, in one graceless move, we spend more and earn less.

  22. douglasclark says:

    It seems, on the face of it, that Theresa May is backed into a corner. Just gaming that for a second or two, are we completely sure? Here are some of the questions that were subliminally asked.

    Perhaps the referendum questions should have been:

    Just hate all foreigners, especially the Scots? Yes / No

    Exit the EU on terms designed to make us pariahs for evermore? Yes / No.

    Exit the EU when we can cream off all the good stuff? Yes / No

    Exit the EU, but pretend – you know you want to – we like foreigners? (Especially foreign bankers) Yes / No

    Exit the EU but actually think foreigners are just like us. Whatever, our right to be just different, honey, that’s all that matters? Yes / No

    Exit the EU because our jam manufacturing industry has global reach and will take up any slack in lost exports? Yes / No.

    Frankly some of these are mutually contradictory. Those that say, hate all johnny foreigners, are one end of a spectrum and those that think they are economically savvy, are two different breeds of idiots.

    Theresa May is attempting – very, very, quietly, to appease everyone who voted for Brexit, and by attempting to keep that group – the Brexit voters – together, she says nothing of substance whatsoever. Meanwhile, the UK goes down the toilet.

  23. John Edgar says:

    Brexit means Brexit has now morphed into Brexit means “Brexit in full”, according to TM.
    So, does that mean that “hard” and “soft” exits are passés? (excuse my French agreements).
    In full. Does that simply imply OOT!
    Cancelling the 1972 Communities Act, as demanded by Ukippers and therefore no need to invoke Article 50 (which is seen by them as an EU technicality and so must be baaad).
    I wonder what will emerge from May and Co after their cap -in-hand jaunt to the former “jewel in the crown” India.
    Sadly, despite the vast population of India, most of the population are poor and cannot aspire yet to mass consumption. And they export tea to us, so Leadsom’s great ploy is could!!
    As India has reminded TM and Co, it has an agreement with the larger rEU and cannot jeopardise that.
    Tata might shift Jaguar and Landrover production to lower cost India leaving a token assembly plant dahn sath!! After all, Ford no longer assembles cars dahn sath and the white van man’s van, the Transit is now produced in Turkey. The FS promised to help Turkey join the EU!!
    MayHem continues.

  24. John Edgar says:

    Update, telegraph -speak.
    Headline: Theresa May vows to relax visa system if India takes back’tens of thousands ‘ of overstayers.
    In other words are we heading for a mass round-up of people in holding camps etc?

  25. Clydebuilt says:

    Frigate orders…… Only an agreement in principle…… As reported by ….the BBC”s Douglas Frazer….. Hidden away on their webshite ……
    http://www.bbc.co.uk/news/uk-scotland-37871888

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