Brexit, A Second Referendum, and Double Jeopardy @juliahb1 #Brexit

Many opponents of Brexit (which I am sure you know refers to Britain exiting the European Union) say that we the British people should get a second vote, just to make sure that we still want to leave. Such people include former British Prime Ministers Tony Blair and John Major. After all, we voted almost two years ago, and so much has changed since then. This proposed second vote would specifically be based on the yet-to-be-agreed final deal that the Government is currently trying to negotiate with the EU. If we the people don’t like the final deal, then we the people should have the right to change our minds. After all, they say, isn’t that the essence of democratic choice? If we don’t like a particular politician we’ve voted in, we can always vote them out again come the next election. So why shouldn’t we be able to change our mind about this too? It is the supporters of Brexit who, despite their cries about “democracy”, are the true anti-democrats.

Well, that’s how heavyweight remain supporters such as Alistair Campbell, John Major, Tony Blair, Kenneth Clarke, and, err, Femi Oluwole have it.

But this view, despite being superficially highly convincing, is nonsense.

Firstly, their analogy is flawed; when we elect a politician, we don’t then have a second vote to see if we really do want them to be elected. Rather, the politician is in fact elected. Likewise, Brexit should in fact happen. Sure, if we change our minds at a future date, we should be free to try to reapply to the EU. And in fact, we would be free to reapply. Just as we would be free to not re-elect that politician.

Secondly, as I pointed out in my 26th June 2016 blog post, where I predict a second referendum and that the UK would never leave the EU, the people are almost never asked if they want to go along with the ever-closer union and integration. Former Prime Minister John Major, who is so shrill in claiming democracy requires a second EU referendum, never gave his own parliamentary party, let alone the people, a free vote on the Maastricht Treaty, the treaty which created so much of what is now the EU. Indeed, he insisted on brutal discipline to get the vote through parliament, including secretly flying in hospitalised MPs and making them vote his way(!), famously calling his few uncowed parliamentary opponents “bastards”. (As a point of interest, the Maastricht Treaty and the atrocious way Major handled the whole thing, directly resulted in the formation of UKIP.) Second votes are apparently only required when things don’t goes John Major’s way.

Indeed, when the people are from time to time asked, they almost invariably vote against the European Project. Yet they are always asked to vote a second time, just to make sure. And of course, with the right pressure and scare-mongering, they unfailingly return a vote in favour of the EU.

I’ve gotten into arguments with people who don’t understand why the people changing their minds in a second vote or a second vote at all would for me constitute an egregious violation of democracy. The best analogy I can give is to the famous legal rule of “double jeopardy”.

Double jeopardy states that an individual cannot be tried again for the same or similar offence on the same or similar evidence once acquitted. The logic is that, if they could be tried again, they would never truly be free or be able to live freely or in peace. Why not? Because the powers that be could simply try the individual again and again and again and again, grinding the defendant’s willpower, money, and life into the dust, until he is no longer able to fight back, and/or until a judge or jury can be found who would find in favour of the prosecution.

Yes, whilst it might sense to try the defendant again if new evidence comes to light, the rule of double jeopardy is clearly in fact one of the greatest tools defending individual liberty. Or at least, it was, until 2003 when the Labour government of Tony Blair and his henchman Alistair Campbell went a long way to “abrogating”, that is, removing, this ancient liberty.

And perhaps that is why Blair, Campbell, and all their ilk don’t understand why a second vote would be undemocratic. They simply don’t buy into the notion of democracy, even though they probably think that they do; rather, they buy into the Aristotelian and continental European view,  that the plebs are too stupid to know what’s good for themselves, and only an elite Philosopher-King, or a committee version thereof, is able to rule the people and thereby allow the people to be free by preventing them from allowing their own plebbish baseness to cause harm to themselves. Like children, we should be free, but like children, if allowed total freedom, we would soon end ourselves. Yet this is the very opposite of democracy.

But to the rest of us, trying an acquitted person again and again and again, is a flagrant abuse of freedom. And to get the people to vote again, but this time the “right way”, is an equal abuse. We voted to leave knowing that, whilst there were countless ramifications to that decision — just as there are when we vote in any referendum or election –, we would in fact leave.

© 2018 Bryan A. J. Parry

featured image from http://images.huffingtonpost.com/2016-10-05-1475670108-7560650-brexit1.jpg

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