How do we now replace EU law and restore UK law to its rightful place?

Tomorrow: Politeia Webinar with the Attorney General on the opportunity to reset the UK’s legal framework

Which principles should guide UK policy as the country seeks to restore UK law?

Event: “Good for Financial Services, Good for the UK Economy – Restoring UK Law”
Organised by Politeia
Monday 8th February, 1.00pm - 2.15pm

Tomorrow lunchtime an online event is being held, organised by Politeia, to discuss the future for UK law in the post-Brexit era. As a public service announcement Facts4EU.Org is pleased to bring you the details for those able to attend via Zoom at that time.

Our laws and regulations underpin our society and our economy. They are fundamental to the way we live, work, and trade. For almost five decades the United Kingdom has become increasingly subject to a legal tradition which differs markedly from that which had been built up in our country over centuries.

Tomorrow’s event looks at the opportunities for Brexit Britain outside of the European Union and asks important questions for our future as an independent country. Amongst the distinguished panel will be the Attorney General, the Rt Hon Suella Braverman QC MP, the Rt Hon Sir Iain Duncan Smith MP, and Barnabas Reynolds, Partner at Shearman & Sterling LLP. Mr Reynolds has previously assisted Facts4EU.Org in our summaries of legal papers published by the CBP and has been very effective in the fight for Brexit.

Politeia's Summary

Information about the event

This year, the UK’s financial services firms have begun to trade under UK law and regulation. Although the corpus of inherited legislation is significant, certain things are clear. EU law differs from the common law (and Scots law) tradition of the UK in a number of ways. Each has its own tradition, and each has evolved over time from a different conceptual basis.

Ministers now face the challenge of deciding on the future legal framework for the sector, and the status that EU-inherited law and regulation should have. They will be faced with questions such as:

What principles should guide UK policy as the country seeks to restore UK law?
What is the status of inherited EU law? What should that status be?
How should inherited EU law for financial services be approached? Which laws, if any, should go?
What should be the basis for the UK’s future legal and regulatory framework for the sector?
What reforms are needed for the UK’s new regulatory regime?

At Politeia’s zoom event on Monday 8th February (1.00pm - 2.15pm) guest speakers will consider these and other matters and the broader implications for the future UK law. The event will mark the publication of Politeia’s new analysis by Barnabas Reynolds: ‘Restoring the UK’s Legal Framework: Freeing the UK’s Global Financial Markets’.

The Rt Hon Suella Braverman QC MP, Attorney General for England and Wales, Advocate General for Northern Ireland.
Baroness Deech DBE, Law Commission, non-executive Board Member; Former Chairman, Bar Standards Board (2009–2014)
Lord Thomas of Cwmgiedd PC, Chairman, Financial Markets Law Committee; former Lord Chief Justice of England and Wales
The Rt Hon Sir Iain Duncan Smith MP, Chairman, Taskforce for Innovation, Growth and Regulatory Reform (TIGRR); former Secretary of State for Work and Pensions (2010-16)
Barnabas Reynolds, Partner and Head of Financial Institutions at Shearman & Sterling LLP

The event will be chaired by Dr Sheila Lawlor, Politeia’s Founder and Research Director

The above information is © Politeia 2021

Click here to register to attend
Please note that you will have to have Zoom installed on the device you are using.
There are links to do this at the bottom of that page.

Observations

Politeia has assembled an impressive line-up for its event tomorrow, including two of the leading pro-Brexit politicians in the UK in Sue Braverman and Sir Iain Duncan Smith.

This event coincides with the launch of the Politeia paper authored by Barnabas Reynolds and entitled ‘Restoring the UK’s Legal Framework: Freeing the UK’s Global Financial Markets’. We are grateful to Mr Reynolds for an advance copy and hope to summarise some of his thoughts and proposals in the near future. (At 172 pages it is quite a tome.) After tomorrow it will be available from Politeia, subject to their usual terms.

The whole question of the restoration of the great tradition of English and Scottish common law is not one which has received much coverage - perhaps because it is something of a technical subject. Dry it may be, but it is also important. As Mr Reynolds says: "These are not matters purely for lawyers. Such reasoning can often permeate the entire discourse of the state, and legal reasoning permeates the societies in which it operates."

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Sadly, the challenges of seeing Brexit through are not the only concerns we face. Freedom of expression and the basic principles of democratic accountability are under attack as we have never seen before. We have far more to do in researching, publishing, campaigning and lobbying Parliament than we have in terms of the financial resources to fulfil these tasks. We rely 100% on public donations from readers like you. Unlike the Remain/Rejoin camp, we do not have foreign billionaires to subsidise our work.

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[ Sources: Barney Reynolds | Politeia ] Politicians and journalists can contact us for details, as ever.

Brexit Facts4EU.Org, Sun 07 Feb 2021

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Reader Comments 6

1. Jeremy H, Bucks , Sunday, February 07, 2021, 07:51:

Thank you, I would have missed this event if you hadn't published this. I hope to be there (online) tomorrow.

2. One eyed king , Sunday, February 07, 2021, 07:56:

Tightening of the treason act?

3. Not4EU, London , Sunday, February 07, 2021, 08:51:

An important topic, & one that many EUlings hope to be forgotten.
For over 45 yrs, our common law system of habeas corpus has been slowly hollowed out & replaced in many areas by corpus juris by an increasingly politicised legal system. Judgements by many Courts no longer appear equitable but politically driven. The core of this rot appears to stem from the politicised current Supreme Court, created by Bliar. Sadly, this has led many to view the Judiciary as corrupt. The SC needs to be disbanded & reverted to the Law Lords.
_
I consider that a key factor that must drive any future decision of the law is the 'system' of law that led to the ruling being used as a 'basis', the precedent.
There must be a ruling that whenever any law/ruling is being used as a precedent, ie a basis for the ruling, the origin of that law must be identified & if found to be ECJ/CJEU, then a Common Law (CL) ruling must be equally determined & if found to be different, applied to the case. It is only by the rooting out of EU precedents & applying CL to these will our system of law begin to recover the equity for which it was renowned.
Another good place to start might also be reviewing our laws, properly created by Parliament, which were subsequently set aside as against EU 'law'. The most well-known being the Factortame case in 1988 which tried to protect our fishermen.

4. ste yorks , Sunday, February 07, 2021, 09:22:

The 'people' of every land should decide what society they wish to live in, and therefore should be in charge of the laws. we should revert to a more 'direct democracy' vector and people should set the punishments for crimes, and jurys should decide the sentences/punishments in the courts.

5. Andy , Sunday, February 07, 2021, 13:24:

No. 2, One eyed king: The Treason Act of 1351 is still Law. The only thing that changed was the Blair Regime replaced Sentence of Death with Life Imprisionment, partly so they could sign Protocol 13 of the ECHR.

6. Mike Allen , Sunday, February 07, 2021, 15:04:

We must make sure that it goes all the way, dont let them fool us into thinking they are doing it, so they can keep us aligned secretly, until they can take us back in.

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