The Prime Minister has, despite his previous clear manifesto commitment, decided for us that there should not be a referendum on our membership of the European Union. He further claims to “completely understand” those who want us to leave it.
He does not understand.
We are not in the EU now.
It is unfortunate, but as the Bible shows, hardly without precedent, that opposition to the current unlawful state of affairs should begin with voices crying out in the desert. One such voice is Albert Burgess, whose website “A Case For Treason” calls for the arraignment of those in our political class who have agreed to make us subject to European law, regulation and institutions. He is calling for citizens (British subjects) to make official complaints to the police, requiring them to bring charges of sedition, treason etc.
Doubtless this will not succeed in the near future and he will be written off as a crank; but his case is founded on fact and logic and as Thoreau reportedly said, “Any man more right than his neighbors constitutes a majority of one.” But look how long it took William Wilberforce to carry the anti-slavery vote in Parliament, and hope.
At the core of Burgess’ case is his reading of the British Constitution, which is that rule requires the consent not only of the monarch and political representatives but also of the people themselves using their own voices. Like the US Constitution, this is something that cannot be countermanded by any court or statute; it lies outside and above Parliamentary law.
Nor, I (and doubtless Burgess) would argue, can it be simply be buried in a political party’s manifesto; an issue of such tremendous importance cannot validly be muddled up in pork-barrel politics. Voting for a political representative in Parliament is completely different from deciding the manner in which we are to be governed, and in any case our current electoral process effectively disenfranchises millions of us.
To join with other nations in a supranational political entity, in defiance of the settlement of 1688/9, would be a monumental constitutional change requiring the express consent of the people. This has never been given, nor, according to Burgess, can it be imposed except after the successful invasion of our land by a foreign power.
Since we have never had the EU membership question put to us, even the slightest transfer of sovereignty to that entity is ultra vires and has no force in law.
We are not now in the European Union, and I ask everyone who reads this, if they agree, to say so to others at every appropriate opportunity.
The Talking Clock blog urges us to support Mr Douglas Carswell’s Bill to repeal the 1972 Act that claimed to makes us members of the European Union. I comment:
I plan to write to Mr Carswell to ask him to withdraw his proposed Bill, on two (related) grounds:
1. Parliament had no power to pass the 1972 Act. Without the express consent of the people, this constitutional change could not have taken place and therefore never did. The Act is ultra vires.
2. Therefore, there is no point in repealing an Act that has no force in law. There is no such Act. It falls, and so does everything (all subsequent Acts, regulations, directives etc) that depends on it or in any way arises from it.