eurealist.co.uk

Further to the Post Australia attempts to save British Constitution

12th January 2005

Dear Lord Dubs,

It has come to our attention that on 8th December last, a Bill was ordered to be printed in your name to make provision about succession to the Crown and about Royal marriages. It is not clear from Hansard whether you combined moving first reading of this Bill with the printing, although this would have been in accordance with the procedure described in Erskine May 22nd edition (1997) at pp.465-6.

I am writing formally to advise you that our learned counsel and I are of the opinion that it is not within the power of Parliament to amend the Bill of Rights, Act of Settlement and Union between Scotland and England legislation 1706-7 as proposed in your Bill. In our view significant change to the fundamental principles of our constitution as re-established in the Bill of Rights (1689) and related legislation is not within the power of Parliament by passing a Bill such as yours. Further we do not believe discussion of this Bill in Parliament can validate its enactment for the simple reason that Parliament itself is subject to and limited by the Rule of Law. Therefore contrary to general misunderstanding of Dicey, Parliament does not possess unlimited power or sovereignty enabling it to make the constitutional changes proposed.

If this Bill proceeds we shall not hesitate to seek the assistance of the Courts in order to establish that any enactment of this Bill or any Bill that proposes to amend our Constitution as you suggest would be without legal effect and therefore void. We intend no discourtesy to your Lordship nor any infringement of the respected privileges of the House, but wish merely to notify you of our disquiet and determination. We therefore respectfully request you to reconsider this Bill and seek its withdrawal under the well-established procedure set out in Erskine May 22nd edition p.467.

Yours sincerely,
JOHN GOURIET

Defenders of the Realm

BILL OF RIGHTS 1688
An Act Declareing the Rights and Liberties of the Subject
and Setleing the Succession of the Crowne

All which Their Majesties are contented and pleased shall be declared enacted and established by
authoritie of this present Parliament and shall stand remaine and be the Law of this Realme for ever

And bee it further declared and enacted by the Authoritie aforesaid That from and after this present Session of
Parlyament noe Dispensation by Non obstante of or to any Statue or any part thereof shall be allowed but that
the same shall be held void and of noe effect