A Golf Club

The argument that a golf club can have a constitution, so we need not fear a Constitution for the EU is patently ridiculous. Disregarding the fact that the set of rules for a golf club are not forever changing, a golf club is a golf club it is not a government.

A constitution sets up a government and gives it its powers. Perhaps more importantly the difference is that the golf club rules apply to its members, each member is a whole entity, one unit, if you wish, they, each have sovereignty, in that if they wish to leave they may.

A state is one entity only as far as the government is concerned, a state also has a population, the EU is with the Constitution, in effect taking its powers not from the one entity, which is the state, but the state’s population. The population will have agreed to change their own Constitution for the EU Constitution the state has also agreed to the same:

The Constitution Preamble….

“on behalf of the citizens and States of Europe. Who, having exchanged their full powers”

The Constitution then much later goes on to talk about the rights of a member state to leave the union, this in itself, is a clear admission that the state no longer retains that right under its own sovereignty, if it did there would be no need for such a clause. The very fact that a member state must go to the EU and ask permission to withdraw is the proof that we would no longer hold that power in our own parliament.

The Constitution….

“A Member State which decides to withdraw shall notify the European
Council of its intention; the European Council shall examine that
notification. In the light of the guidelines provided by the European
Council, the Union shall negotiate and conclude an agreement with that
State, setting out the arrangements for its withdrawal, taking account of the
framework for its future relationship with the Union. That agreement shall
be concluded on behalf of the Union by the Council of Ministers, acting by
a qualified majority, after obtaining the consent of the European
Parliament.

The representative of the withdrawing Member State shall not participate in
Council of Ministers or European Council discussions or decisions
concerning it.

This Constitution shall cease to apply to the State in question from the
date of entry into force of the withdrawal agreement or, failing that, two
years after the notification referred to in paragraph 2, unless the European
Council, in agreement with the Member State concerned, decides to extend
this period.”

There is nothing here that shows a member state has any rights in this matter and the wording is very vague to the point that the ECJ could well argued that a state government wishing to withdraw would be in contravention of the Constitution. The ECJ could then demand that the people who “having exchanged their full powers”
had in fact removed the power to withdraw from the government, and insist on a referendum.

It is also clear that the EU can place conditions on it future relationship with the Union, on a state wishing to withdraw.

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