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This morning, on a discussion on radio4 a solicitor stated that we had not signed up to all the EU laws on divorce because our divorce laws are common law. She was correct there. But she then said that some of our divorce laws had been subsumed into European law. She was correct there as well but she did not explain that common law is superior to statute law. The supreme court confirmed this twice last year.
The bottom line is that to get us into the then Common market Heath told lies and stated to parliament that there would be no loss of sovereignty. He later admitted in his memoirs that he misled parliament. Our constitution states that to give away our sovereignty to another state unless we have been defeated in a war is treason. Your government knows this and knows how vulnerable they were to being exposed when we could make a claim in a common law court. They have stopped that by ensuring that no judge will go on his oath office so that he can deal with common law cases. (just for those who do not know. Halsbury and Black states that in an administrative court, a judge is not a judge, merely a clerk working for the Ministry of justice).
Now your government has stopped people seeking a writ for habeas corpus. The supreme court rules state that the common law states that a judge should be available 24/7/365 at no cost to the seeker of the writ.The civil procedure rules have been changed so that one has to make a written application and pay a fee of £850. One cannot go before a judge. He hides in a back office so his refusal to give the writ cannot be debated. The Brexit problems were created when Heath took us in. And each government since has added to this crime. The simple answer would be to return to the rule of law. But that will never happen because there are too many vested interests allowing this criminality to continue.