Pete G wrote: ↑Wed Apr 26, 2017 11:57 pm
Yes, that's entirely my point. Cultural differences and different histories means that what looks like a good idea to the Germans, French, and Italians, for very good reasons, looks like a very bad idea to the British, as it subverts the exact principles from which we think we draw our strength, just because those principles have not worked for you.
I have my doubts whether British strength comes from nationalism. I guess it comes more from things like the level of education, natural resources, trade, global interconnectiveness, rule of law, property rights etc.
Pete G wrote: ↑Wed Apr 26, 2017 11:57 pm
You cannot create a community with any real cohesion without having a common basis for establishing it,
The question remains how much of a common basis you need. I don´t think the differences between the Brits and the continent are bigger than those between say Prussia and Bavaria in the 19th century were - which history proves could be overcome. We´re not talking about forming a union between hugely different countries like say Britain and Saudi Arabia. The main problem for the EU, as I see it, is in the economic field. Cultures are certainly different but not to an extent that makes them uncompatible.
Pete G wrote: ↑Wed Apr 26, 2017 11:57 pm
Meanwhile, rules that made perfect sense when they were implemented between six countries with roughly similar constitutions, political systems, and centrally economies, where capital was free to move between members, and people were free to pursue business and employment opportunites within the bloc, are woefully inadequate to control widely disparate economies with vastly different levels of personal wealth, as the German exchequer is currently finding out,
Those rules are still making sense but for their application you don´t need the EU. The EEA would be good enough for that. However, it seems that the UK wants to even leave the EEA. I doubt this is a clever move. Regarding the problem of differences in individual wealth and it´s effect on public finances (I guess this is what you mean when you mention the German exchequer) the European Court of justice has recently ruled that there is no right to freedom of movement into welfare systems of other member states. So this problem should have become solvable now.
Pete G wrote: ↑Wed Apr 26, 2017 11:57 pm
and cannot cope with modern issues such as the mass immigration from the middle east and Africa as they self-destruct, anti competitive but well meaning labour legislation that leaves economies easy targets for predatory Asian enterprises, and haphazard and uncoordinated diplomatic and defence policies which appear to be focussed on a simultaneous belligerence with Russia with a downscaling of defence commitments.
That´s true unfortunately. However, that´s not a problem which would go away even if the EU dissolved (and it wasn´t among the reasons for creating it). Economic refuguees won´t care about who is and who isn´t in the EU - otherwise e. g. Jordan and the Libanon would have a lot less worries (btw. Jordan had to ration water in order to be able to have enough of it for refugees - just to give some colour to the extent other countries are affected). To stop them you´d either have to accept them drowning in the Mediterranean or adopt a policy like Australia, outsourcing the problem.
Nothing illustrates the cultural difference better that your comment on common law [we do have a constitution by the way, it's just not all written down, and those bits that are written down are all in different places, in true common law fashion]. Whilst you see it as lowering the hurdle for abuse of the judicial system, our experience is that it controls the abuse of the legislators. How can the judiciary decide on basic issues of justice [we think], when the law they are applying is laid out for them to enforce, rather than general principles, moulded by equity?[/quote]
The lack of a written constitution would make me very uncomfortable. I still remember to this day that I couldn´t belive it when our teacher told us the UK had no written constitution. I thought I had heard wrong. Why should a judge have more authority to set law than an elected parliament? But while you´re correct that this is a big difference why should it stand in the way of cooperation?
Pete G wrote: ↑Wed Apr 26, 2017 11:57 pm
If you look at product liability as an example. In Europe areas have been practically deforested in order to generate acres of Civil Law code on the subject, debated in parliaments, codified, ratified, detailed, amended, reprinted, etc., etc, and is constantly found wanting. In England a single case in 1932 set a standard of general fairness against which every future case can be judged and it has survived pretty much intact, and been expanded into many other areas of criminal law and tort and, more importantly it has never been anywhere near a politician. And that's just how we like it.
I know nothing about product liability in the UK but I´m under the impression that those laws are working not too badly within the EU either. So I´m not quite sure what was your point. Isn´t EU law regarding product liability applying to the UK as well?
Pete G wrote: ↑Wed Apr 26, 2017 11:57 pm
I'm glad Germany, and France, and Italy, have found comfort and security in a codified law system, it seems to suit you as far as I can tell. You appear to see the overturning of member states referendums, the effective replacement of the Italian Government, dismissal of a Greek Premier, and the replacement of their finance department etc., etc. and crucially the neutering of member states supreme courts, merely as applying expertise to make the European model work more efficiently and it does, to a certain extent [the 'benevolent dictatorship to which I referred].
I personally dislike referendums (btw. in Germany they are banned on the federal level) for reasons you already mentioned in a previous post. Also, I don´t know what you´re talking about when you speak of effectively replacing the Italian government or dismissing the Greek Premier. The German constitutional court could still uphold the German constitution if they tought EU law would be conflicting with it. I guess the same would be true for the UK (don´t know about whether you have an equivalent of a constitutional court though). Of course, to some extent national jurisdiction will have to be transferred to a bigger entity, just as municipal rights had to be transferred to the state for the sake of the common good. And of, course, there will be mistakes made. Mistakes are unavoidable though, whichever system you have.
Pete G wrote: ↑Wed Apr 26, 2017 11:57 pm
However in the UK we have always set more store on direct democracy and rather than the continental model where the constitution gives legitimacy to the government, the English model more closely depends on the separation of powers by the constitution which only gets its legitimacy from the people.
It´s not the constitution that gives legitimacy to government. Parliament does.
Pete G wrote: ↑Wed Apr 26, 2017 11:57 pm
I'm not saying one is good and one is bad, I'm just saying that different systems suit different people, and it's a mistake to try and fuse the two.
I mean look at the Swiss. They have levels of direct democracy that put us both to shame, and they don't seem to be doing too badly on it, do they?
I think so. E. g. until the 70ies women had no vote in Switzerland - hardly a hallmark of democratic fairness, is it? The fact that they are doing well economically isn´t due to their system of direct democracy in my view but rather in spite of it (and their membership of the EEA). I wouldn´t like a system of direct democracy in Germany. I´d be too afraid of the rule of the mob. But isn´t that a moot point? The EU hasn´t tried to force a constitution the UK.