Understanding the Difference between Constitutions and Politics.
23.4.2010.
I am going to concentrate on Magna Carta and the Declaration and Bill of Rights 1688/9 because, although the Treaty of Lisbon makes clear it has “Competence” over national constitutions and laws, our Government did not ask the people in a referendum if this is OK with them.
BIG MISTAKE.
Magna Carta is a Treaty between the British Crown and the People, and I have confirmation that the Declaration of Rights and Bill of Rights 1688-89 are also beyond the reach of our Parliament, so, they must also be out of reach of the European Union.
The people have had absolutely no hand at all in ratifying any European Union Treaty, and although promised a referendum in the Treaty Establishing a Constitution for Europe, that was eventually denied to the people.
The people were completely and quite deliberately ignored and denied a referendum on the very constitutional Treaty of Lisbon even though the Government knew the people were very much against any further integration into the European Union. The people’s Common Law Constitution is what makes this Country so very different from other Countries on the continent of Europe.
Many were over-run in the last war and thus their original constitutions were destroyed. This is what makes this Country so very different from the other Countries especially those with written Constitutions. This is why our Constitution has lasted for hundreds of years. It is in great danger at present though.
However, maybe the Government have already realised their mistake and are now trying to rectify it by bringing out a ‘new written Constitution and/or Bill of Rights for the people to accept in a referendum.
BECAUSE by voting to accept a new Bill of Rights – which I am sure the people will be encouraged to do by which ever new Government will be in place – perhaps in the doing, they would or might, destroy the old.
Yet Magna Carta has much work left to do, particularly Clause 61.
That is what our Common Law Constitution is there for – to be used – and so it shall be invoked once more. Maybe that is what our Politicians fear?
The EU would, in any case, swallow up any new written Constitution, Bill of Rights, or even the proposed new Sovereignty Act that a new Conservative Government of this Country might bring out, even if the people think it is a good idea, because “the EU would have competence over them”.
So whom are our politicians trying to kid?
Clause 61 Magna Carta is just crying out to be used once more. It depends on the out come of the General Election and our involvement in the European Union whether it will be used or not.
No new written constitution, including a new Bill of Rights can be entrenched or dislodge Magna Carta and the Declaration and Bill of Rights 1688/1689. The Government's own Research Paper (96/82 dated 18th July 1996-available direct from Parliament, page 36) makes that clear. A snippet here for you
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