The question at the heart of the Coalition

The Daily Telegraph report this morning on leaks from the Commission considering a UK Bill of Rights, linked here reports the following:

A note from the Commission to Lord Chancellor and Justice Secretary Ken Clarke, dated July 2011, warns that allowing MPs to vote down unpopular decisions by the European Court isa throwback to Nazi Germany
“If a right or freedom is fundamental, how can it be right to allow any legislature, however democratic, to override it? It should be remembered that many of the most objectionable laws passed in Nazi Germany were passed, at least in the early years, by a democratically elected assembly.”

What mind could construct the question posed in the secon paragraph of the above quote?

If a democratic legislature does not have such a right, what higher authority can there be to override or overrule it. The argument that the Nazis were at one point democratically successful is here being justified to legitimize any act of authoritarianism by ..... ? Here one must assume the Lib/Dems and Ken Clarke would insert either Judges or Courts! Yet in Britain (in spite of the "locked in" case announced yesterday, itself a gross travesty) only Parliament acting on behalf of the people has the right to pass legislation limiting the scope of Common Law.

Tory backbench MPs should mark, note and prevent what is now underway.