Omnipotence paradoxes have been examined for millennia. One of the most popular arguments on this subject is if God was omnipotent than he could create a rock he couldn’t lift. If then he could not lift that rock he would no longer be be omnipotent.
The examination of whether God is the author or is bound by logic is always interesting; unfortunately for the “Remain” camp there is no debate whether Parliament is bound by logic. In addition to logic, laws also bind Parliament.
Amongst the most important aspects of British law is parliamentary sovereignty, which is, as defined by Dicey:
“The principle of Parliamentary sovereignty means neither more nor less than this, namely, that Parliament thus defined has, under the English constitution, the right to make or unmake any law whatever; and, further, that no person or body is recognised by the law of England as having a right to override or set aside the legislation of Parliament.”
Thus, as the “Remain” camp puts it, “no person” or persons can override the laws passed by Parliament and the Brexit referendum result must be thrown out. This is true. However, if the laws of parliamentary sovereignty exist as defined above, and capable of refuting a popular referendum, than that law must be applied consistently and equally.
According to EU law, or Community law, the European Court of Justice has ruled in Costa v ENEL that Community law takes primacy over national laws. Furthermore, legal superiority of Community law over the laws of Parliament were implemented in the UK under the European Communities Act section 2(1) when Britain joined the EU in 1973.
Therefore, if parliamentary sovereignty can legally be applied to negate a referendum, then it must also be exercised to leave the EU because, as defined above, “no person or body is recognised by the law of England as having a right to override or set aside the legislation of Parliament.” In this case, the “Remain” camp is defeated by their own reasoning – Brexit wins.
If, on the other hand, parliamentary sovereignty no longer is sanctioned as described above, then Parliament must recognise the result of the referendum. Brexit still wins.
One response to omnipotence paradoxes is that God cannot perform absurdities but can do anything only according to His nature. And so it is with British Parliament.
The European Union would be wise to remember what Lucretius once wrote, “Thus the sum of things is ever being reviewed,” and the ensuing question should be asked: which domino will fall next?