Glen Ruffle: The Legal Joy of Brex

Brexit promises to restore confidence in Britain’s unique legal system, strengthen its uniquely flexible and practical nature, and restore the connection between the citizen and legislation.

Our legal system – the one emulated across the world, the one even Russian oligarchs use to solve their disputes – is founded on a principle of practicality that legislates where legislation is needed, in local circumstances, and thus adapts to the unique situations of each and every human life.

Not so in Europe. 'Napoleonic' top-down code ensures general principles are applied to cases, even if the specific circumstances require something unique. It compromises the agility of the English system.

Brexit, however, can ensure that British law, subject to Parliament, can once again begin to evolve, free of the quasi-constitution that was the Treaty of Lisbon and all the EU law that has been introduced through it. These EU laws, more rigid and difficult to adapt, can now be moulded to meet the needs of real people.

The recovery of English law, subject to English judges, is one of the reasons our country will remain a key investment location. Foreigners know that money is, to the best extent possible in this world, safe in Britain from corruption and political interference. Few other jurisdictions offer this guarantee.

The English common law system, as Hayek noted, also ensures no law is made unless a need arises. Whereas the European Union has politicians and bureaucrats being paid to legislate, the English system has the potential (if the state can be rolled back somewhat) to set private individuals free to live their lives without the diktats of EU busybody eurocrats telling them what they should do.

This helps keep the law clean and vivacious, and helps ordinary people remain connected to the legal process. It's no surprise people feel detached from the EU when their ability to shape legislation is entirely found in the size of their wallets: can an ordinary person pay a PR agency enough money to lobby Brussels politicians to pass legislation? Of course not.

The EU system also fails to represent the will of ordinary people by introducing legislation that is not representative of the will of its ordinary citizens. Legislation originates with the completely unelected European Commission, and only some laws are subject to the semi-democratic European Parliament. Contrast that to the UK, where all law-creating politicians are subject to their constituents.

And yet, even as President of the Commission, Jean-Claude Juncker, has once again explicitly outlined the plans for a United States of Europe, Remoaners continue to cry that their dream to destroy their own heritage is being lost.

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