Challenge to Eurosceptics
March 26, 2008 by Ken
Filed under The British Constitution
He wrote in the Yorkshire Evening Standard apparently for the umpteenth time I challenge eurosceptics to state which new sovereign power is being transferred exclusively to the EU. There is no such transfer! (the
A House of Lords committee found that the Constitution didn’t “transfer” any “essential” sovereignty to the competence of the EU, much less the Reform Treaty,
There are two words in that statement that need to be clarified – of course it`s that word “essential” which stands out like a sore thumb – exactly what is essential power to a sovereign nation state – to whom is it essential and who will decide what is essential? And of course transfer also need definition – after all Lord Justice Laws is on record as saying a transfer of power is different from delegated power. The State which delegates power can recall it; the legal claim of power remains in its hands.
Does the
However the
The EU scrutiny committee said that our parliament is not a creation of the treaties and its rights are not dependant on the treaties. In other words the treaty cannot presume to control the British Parliament or place legal obstacles in the way of our parliament’s sovereignty because to do so would be taking a step on the road of transferring rights.
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Constitution, essential sovereignty, transfer of power, delegated power, parliament, EU Treaties
