Many people will be outraged at the judgement handed down to the Metric Martyrs, who lost their Appeal at the Royal Courts of Justice in The Strand on the 18 February 2002. The Martyrs labelled it "the death of democracy".

They argued that they had the right to continue to sell in pounds and ounces because the 1985 Weights and Measures Act - which was passed by Parliament and which has not been revised, repealed, or amended - specifically authorised continued use of the imperial system alongside the metric system.

They argued that a mere EU regulation imposed by statutory instrument in compliance with EU directives, could not overturn the primary 1985 Parliamentary legislation.

They argued that Parliament cannot bind its successor and therefore a later piece of legislation such as the 1985 Act, will always take precedence to a previous one, such as the 1972 European Communities Act, which gave EU law primacy in our legal system.

However, as the Lord Chancellor said on 3 July 1996, published in Hansard, Cols 1450-1451, and quoted in a letter which appeared in The European Journal, July/August 1996, from the Rt.Hon. The Lord Donaldson of Lymington:

"It is important to be clear that Community law, including decisions of the European Court of Justice, has authority here by virtue of an Act of Parliament - namely, the European Communities Act 1972, with subsequent amendments to it."

The Lord Chancellor continued, "All EU regulations and directives have to be read in the context of the European Communities Act, which expressly provides that all EU statutes should be construed and have effect subject to the provisions in the 1972 Act giving Community law primacy in our legal system."

With reference to the Factortame case, which rested upon the 1988 Merchant Shipping Act, the Lord Chancellor pointed out, "That was enough, in the absence of a clear provision in the 1988 Act overriding the 1972 Act, to reverse the rule that, in a conflict between two Acts of Parliament, the later takes precedence. Accordingly the English court correctly proceeded on the basis that Parliament did not intend to override Community law in passing the Merchant Shipping Act. It is open to Parliament expressly to override the 1972 Act and, if it did so, the courts would be bound to give effect to this, even though that might be a breach of obligations under the Community treaties."

Exactly the same legality applies to the 1985 Weights and Measures Act. If it had included a provision deliberately over-riding any EU law to the contrary then the traders would have won. For example, if it had included a phrase to the effect "regardless of any provision of community law to the contrary and notwithstanding the provisions of the European Communities Act 1972" then the Appeal would have been upheld.

At least this case has made it crystal clear that EU law, including all the regulations and directives which come into force, are automatically the supreme law of the land, courtesy of the extraordinary 1972 European Communities Act.

Neil Herron, stated after the Appeal, "This case has exposed clearly and simply who now governs Britain. An Act of our own Parliament has been overruled by EU legislation. The British people now know exactly what their own elected representatives have done in their name and without their consent."

Hundreds of EU regulations and directives come into force ever year. Regulations take effect immediately, while directives can, theoretically be subject to democratic supervision. The reality is that they are so numerous that it is practically impossible for them to be individually considered by Parliament. This case makes it evident that all of them override previous Acts of Parliament, and all have legal primacy courtesy of the 1972 Act.

It means our politicians are allowing the law-making and law-enforcing authority to be the largely unelected, unaccountable and faceless bureaucrats on the Continent. And it means all Acts of Parliament - which do not explicitly include a provision over-riding the 1972 Act, or any EU law to the contrary - are pointless, because all EU laws, over which we have no democratic control, will automatically over-ride them.

Ultimately, however, Parliament remains supreme, and so the EU presently enjoys its law-making and law enforcing authority in this country, only because Parliament continues to permit it, courtesy of the 1972 Act.

The lesson is that if any future Acts of Parliament are to remain outside the jurisdiction of the EU, then they must include a specific phrase to the effect "regardless of any provision of community law to the contrary and notwithstanding the provisions of the European Communities Act 1972". That would, in effect, be law-making "outside the EU", and it is open to the British Parliament to do that at any time.
Ideally, however, we should simply repeal the iniquitous, usurping, and undemocratic 1972 Act and be done with it.

Britain is like a man in a cage with the key in his hand. He can free himself any time he wants, but so long as he remains in the cage, he has no freedom. It's time to turn the lock.