Lord Sumption ended this year's Reith lectures - the finest in my memory - with the conclusion that, in the struggle between law and democracy, it was democracy that should take precedence. He was particularly concerned over 'dynamic' arrangements such as the ECHR, which is not a fixed, static agreement but which changes and evolves over time, committing its signatories to compliance with whatever changes are made by the European Court of Human Rights. The scope of law that the ECtHR has permitted itself to enact is not limited or trivial, certainly not limited to the basic rights to which we signed up in the 30 articles of the UDHR in 1948 (the UDHR is not a dynamic treaty); as Sumption said, ECHR competencies now include ".. the legal status of illegitimate children, immigration and deportation, extradition, criminal sentencing, the recording of crime, abortion, artificial insemination, homosexuality and same sex unions, child abduction, the policing of public demonstrations, employment and social security rights, environmental and planning law, noise abatement, eviction for non-payment of rent and a great deal else besides." All of which should be, for the UK, matters for which our Parliament should be legislating, not taking Euro judge-law.
As the Telegraph reports, there is now a show-down between the EU and Switzerland. The essential cause is Switzerland's rejecting a 'dynamic' treaty back in the 1990s and the EU's determination that she should now surrender to the EU effectively making Swiss law -
... the EU favours “dynamic alignment”, which means that the Swiss would be forced to accept updates of the EU rules they have aligned with in return for market access. It is a long-standing EU frustration that this wasn’t negotiated in the 1990s. The reason was of course the deep Swiss attachment to democracy and suspicion of agreeing to accede to EU rules that aren’t properly understood.The EU also wants Switzerland to sign-up to the jurisdiction of the ECJ in disputes - also something that the democracy-loving Swiss have hitherto refused to do.The ECJ is NOT a court of justice as the anglophone world understands the word - it is a court of federal alignment, a political court whose mission is explicitly to further the integrationist political agenda of the EU zealots. Again, as a political court its evolution of the law is 'dynamic' and it overturns, muddles and distorts previous judgements when some new federast opportunity presents itself to the court.
Beware the EU, but at all costs beware the EU's 'dynamic' laws and agreements - we should abnegate not a groat of independence to these jackals, concede not a single EN millimetre without the British parliament having jurisdiction. They are trying to build an antidemocratic empire, and Europe's democracies - with the United Kingdom and Switzerland to the fore - must stand firmly against them.