Forget Article 50: A Minor Tweak of UK Law is All That’s Needed To Return Full Sovereignty to the UK — Instantly

Millions of Brits are hearing a lot recently about Article 50 of the Lisbon Treaty, the “legal” method of withdrawal of a member nation from the European Union.

As soon as the UK government invokes it — by sending a letter to the European Council that the UK plans to leave the EU — the irreversible and rather lengthy process of orderly and good faith (Article 8) departure begins.

But Article 50 is actually something of a red herring when it comes to Brexit, since we could, if we wanted to, regain the bulk of our EU exit overnight and without involving Article 50.

We can do this by tweaking the European Communities Act of 1972, (ECA) which obliges us to adopt certain EU laws automatically, and, more importantly, places EU law above (non-constitutional) UK law whenever the two collide.

The idea behind EU supremacy of law is that agreeing to sign a treaty — and the EU is effectively just one big treaty — carries with it the implication that the signatory nation will implement the treaty’s terms, come what may, short of changing its constitution.

While the ECA contains several other legislative Sections, with respect to the Common Agricultural Policy and European Atomic Energy Community etc, it serves primarily as the lubricant our government applies when sliding EU law into the UK’s legal apparatus.

The parts of the ECA that do that legal work are its Sections 2 and 3.

Section 2(4) and 3(1) give effect to the doctrine of the supremacy of EU law, as interpreted by the [European] Court of Justice, over national law; and where EU law is in doubt requires UK courts to refer the question to the Court of Justice. As a consequence of the rule of construction in section 2(4) all primary legislation enacted by Parliament after the entry into force of the ECA on 1 January 1973 is to be construed by the courts to disapply legislation which is inconsistent with EU aw.

http://www.publications.parliament.uk/pa/cm201011/cmselect/cmeuleg/633/63304.htm

The good thing about the ECA is that it is domestic law, so our own Parliament, which is now under notice that it must take us out of the EU, can amend and even revoke it, if it wants to.

My suggestion is that, while we’re waiting for the Article 50 saga to unwind,  the UK Parliament immediately revoke sections 2 and 3 of the ECA, thus negating the now redundant — and cumbersome — supremacy of EU law over UK law.

After all, why would a nation on its way out of the EU need to be bound to EU law?

This change will become vital in the face of what is shaping up to be a full frontal attack on us by our spurned, erstwhile EU “partners”, such as France.

e.g. The mayor of Calais is threatening to flout the long-standing (non-EU) Le Touquet Treaty that stipulates where the border separating the UK and France is drawn, and to maliciously herd thousands of illegal immigrants into Kent. As blatant an act of sour- grape-tasting Gallic spite if ever there was.

If that happens, then the last thing we need is to deal with a legal challenge from the EU that we are flouting some EU law or other by protecting our borders.

By returning UK law to its national supremacy, we free ourselves to more nimbly take the protective and evasive measures we need to, to fend off the EU’s looming assault.

And we protect ourselves from the perniciously pro-EU Vote Leave government, which wants Brexit to fail, and that is leaving  our back door wide open to this EU retribution by delaying — probably indefinitely — its triggering of Article 50.

All it takes is a simple vote in the UK Parliament.

 

 

2 Comments

  1. Heath used a simple commons vote to put the ECA on the statute book. He gave away our sovereignty without referring to the People for permission to do that. That would be via a general election or referendum. The ECA was therefore ILLEGAL. Wilson later realized this and held a referendum in 1975. However, asking if the People wished to REMAIN in the EEC made the referendum itself ILLEGAL because we the People had never given our consent to join in the first place! We were being asked about something which had no legal existence in the UK.
    The ECA does not need to be repealed because it was fraudulently enacted and thus has no force.
    Our PM simply needs to make these facts known to the Constitutional Lawyers in the government’s employ and then simply tear it up unless they come up with a concrete reason not to.
    Ignore the infamous ‘single market’ and offer an interim trade deal to selected nations who need to sell their produce to us. Germany is desperate to sell us their cars and they run the EU. When you have someone by the b*lls their hearts and minds will surely follow. The only thing stopping us from just walking away in weeks is the Tory government. They all (including May) have their snouts in the trough and regard personal gain through the EU as paramount and far more important than our nation’s future. Those who now stand in the way of our freedom are TRAITORS and should, at the very least, be hounded from office. If this “Phoney Brexit” delay is not halted by Christmas then the People should march on Parliament to DEMAND that their will is carried out.

    Like

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