Author Archives: brianna

In June 2016, 51.9% of voters in the United Kingdom approved a referendum to leave the European Union, compared to 48.1% voting to remain. What took decades to take shape cannot simply be entirely undone overnight, so the timeline for the UK’s exit of the EU is the subject of ongoing debate. Does Prime Minister Theresa May have such authority or does the decision fall under the scope of Parliament’s role?

PM May has publicly declared her intention to notify other members of the EU that the UK’s intends to leave it. May stated this process would commence after Article 50 of the Lisbon Treaty is triggered which should occur before the end of March 2017. UK/EU talks over the terms of the separation will take place over the two years following this action. Taking the fight to the Supreme Court, opponents of May and those who support remaining in the European Union are among critics insisting only Parliament has the legal standing to make this decision. Leading the charge are Gina Miller, an investment manager, and Deir Dos Santos, a hairdresser. Making the case for May and the UK government is Jeremy Wright, the Attorney General.

Both sides attempt to apply the subordination of the powers of the commonwealth, or separation of powers, in support of their arguments. All powers are subordinate to the powers of the legislature in a constituted commonwealth, meaning the legislature is the only supreme power. However, it is common that the executive is a single citizen, and this individual to an extent also has supreme power as executor of the law.

The government argues that the executive is empowered to use Article 50 through royal prerogative. That the referendum passed implies the government has the consent of its citizens to carry out the process of leaving the EU. Miller and her fellow campaigners bring up that it is only the legislature that has the power to make law and that the legislation of the referendum did not cede the power of triggering Article 50 to the executive. Miller’s representatives further argue that ministers cannot change the constitution or enter into treaties that contradict it.

This case over the subordination of powers is complicated considering that the citizens consented to leaving the EU. The government is keeping with the tradition of respecting the consent of the governed by taking the results as cue to begin the process of leaving. Wright also declared that the legislation supports this and that Parliament did not seize the opportunity to limit the executive’s power over using Article 50.

As Supreme Court hearings continue, the fact that government has consent will prove to be very important. The will of the people and the referendum’s legislation support May and the government’s case. Regardless of the ruling, however, the citizens ought to rise up if the legislature or executive thwart the UK’s exit or act in opposition of the result.

Sources:

http://www.bbc.com/news/uk-politics-38200115

http://www.bbc.com/news/uk-politics-38219928

This past September, the government of Canadian Prime Minister Justin Trudeau approved new regulations that will permit physicians to prescribe pharmaceutical grade heroin to addicts who meet strict criteria. This move is an important step forward toward Canadians reclaiming their most important property right, the right over one’s own body. This right encompasses having maximum choice in health care and the liberty to ingest any substance at their own risk.

Under the reforms, pharmaceutical grade heroin, also known as diacetylmorphine, can legally be used in treatment programs for addicts who have not responded well to existing options. Any Canadian physician can apply for access to the drug under the new regulations. Medication assisted treatment (MAT) programs have shown promise in maximizing the well-being of addicts and allowing them to live healthier, more productive lives. More common MAT programs utilize methadone or buprenorphine, and other treatment programs withdraw patients from all opioids. Similar MAT programs using heroin exist in several European nations. The Health Canada program will be the first of its kind in North America as heroin remains a class I controlled substance in the United States.

Clinics in Vancouver, British Columbia have been at the forefront in the fight for access to medical heroin. Vancouver clinics like Crosstown and Insite have openly defied federal drug policy by having nurses administer heroin or providing a safe environment for addicts to administer street drugs. One particular clinic, Crosstown, is the only of its kind on the continent; there, addicts can see nurses who will administer heroin at no cost up to three times a day. Considering usage of these street drugs and the associated unsafe needle practices put users at risk of blood borne illnesses, programs like these on the surface promote the public good.

Opponents might argue that health professionals participating in the program are threatening the health of others. The results at Crosstown do not support this; patients are healthier than those using street drugs, and the program boasts a low drop-out rate despite being relatively demanding of patients’ schedules. Others might bring up statistics on the criminal activity of users. Program participation has been found to reduce criminal offenses, supporting that this treatment method is not a threat to the individual liberty, life, or property of others.

Expanding the use of heroin in medication assisted treatment programs shows promise in combating the opioid crisis. It is paramount that government not limit the rights of individuals to consider all options in treating their medical conditions, including drug addiction. These reforms respect the individual liberty of addicts without threatening the rights of others.

Source: https://www.washingtonpost.com/news/worldviews/wp/2016/09/13/canada-has-just-approved-prescription-heroin/