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It would be inconceivable for the House to adjourn for Easter without recording the fact that last Friday the High Court disallowed an Act which was passed by this House and the House of Lords and received Royal Assent - the Merchant Shipping Act 1988. The High Court referred the case to the European Court...I want to make it clear to the House that we are absolutely impotent unless we repeal Section 2 of the European Communities Act. It is no good talking about being a good European. We are all good Europeans; that is a matter of geography and not a matter of sentiment. Are the arrangements under which we are governed such that we have broken the link between the electorate and the laws under which they are governed? I am an old parliamentary hand - perhaps I have been here too long - but I was brought up to believe, and I still believe, that when people vote in an election they must be entitled to know that the party for which they vote, if it has a majority, will be able to enact laws under which they will be governed. That is no longer true. Any party elected, whether it is the Conservative party or the Labour party can no longer say to the electorate, 'Vote for me and if I have a majority I shall pass that law', because if that law is contrary to Common Market law, British judges will apply Common Market law.

Tony Benn#22

ParliamentSovereigntyLawLegislation

About this quote

What does it mean?
Tony Benn warns that without repealing specific European laws, Parliament becomes impotent when the High Court overrides its Acts, breaking the link between voters and laws.
In plain terms
He says Parliament has no power over European laws unless specific acts are repealed.
What can you take from it?
Ensure national laws remain accountable to voters to prevent legal impotence.

Where it applies

  • evaluating parliamentary power
  • debating EU membership

Putting it to work

  • audit legal constraints on parliament
  • demand legislative sovereignty

Questions to consider

  • What is the line between integration and impotence?
  • Can democracy exist without full legislative control?

Another view

Some might argue that international courts protect rights when domestic courts fail.

More from Tony Benn

  1. People say that if we work for the Single European Act, women will get their rights, the water will be purer, and training will be better. That is rubbish. It …

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  2. If democracy is destroyed in Britain it will be not the communists, Trotskyists or subversives but this House which threw it away. The rights that are entruste…

    Permalink to quote #23
  3. The general election of 1983 has produced one important result that has passed virtually without comment in the media. It is that, for the first time since 194…

    Permalink to quote #20

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