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Old 09.02.2017, 20:27
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Re: The Brexit referendum thread: potential consequences for GB, EU and the Brits in

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Very good question, short answer is Ted Heath committed treason by taking Britain into the Common Market. It's not as if the electorate had voted for this & he went against his better judgement.
Ah, but the sovereign Parliament agreed to it.

Oh my! I googled "Edward Heath Common Market" and look what I found. Seems Parliament is not sovereign after all, but the people are.

"Just weeks before the 1970 general election which made him Prime Minister, Edward Heath declared that it would be wrong if any Government contemplating membership of the European Community were to take this step without `the full hearted consent of Parliament and people'.

However, when it came to it Heath didn't have a referendum because opinion polls at the time (1972) showed that the British people were hugely opposed (by a margin of two to one) against joining the Common Market. Instead, Heath merely signed the documents that took us into what became the European Union on the basis that Parliament alone had passed the European Communities Bill of 1972.

Some MPs have subsequently claimed that `Parliament can do whatever it likes'. But that isn't true, of course. Parliament consists of a number of individual MPs who have been elected by their constituents to represent them. Political parties are not recognised in our system of government and Parliament does not have the right to change the whole nature of Britain's constitution. We have (or are supposed to have) an elective democracy not an elective dictatorship. Parliament may, in law and in day to day issues, be the sovereign power in the state, but the electors are (in the words of Dicey's `Introduction for the Study of the Law of the Constitution' published in 1885) `the body in which sovereign power is vested'. Dicey goes on to point out that `in a political sense the electors are the most important part of, we may even say are actually, the sovereign power, since their will is under the present constitution sure to obtain ultimate obedience.' Bagehot, author of The English Constitution, 1867, describes the nation, through Parliament, as `the present sovereign'.

In 1972, when Heath decided to take Britain into the Common Market, he used Parliament's legal sovereignty to deny and permanently limit the political sovereignty of the electorate. Heath and Parliament changed the basic rules and they did not have the right (legal or moral) to do that. The 1972 European Communities Bill wasn't just another Act of Parliament. Heath's Bill used Parliament's legal sovereignty, and status as representative of the electorate, to deny the fundamental rights of the electorate.

Precedents show that the British constitution (which may not be written and formalised in the same way as the American constitution is presented) but which is, nevertheless, enshrined and codified in the Magna Carta (1215), the Petition of Right (1628), the Bill of Rights (1689) and the Act of Settlement (1701) requires Parliament to consult the electorate directly where constitutional change which would affect their political sovereignty is in prospect. (The 1689 Bill of Rights contains the following oath: `I do declare that no foreign prince, person, prelate, state or potentate hath or ought to have jurisdiction, power, superiority, pre-eminence or authority within this Realm.' Since this Bill has not been repealed it is clear that every treaty Britain has signed with the EU has been illegal.)"

And for those of you who moan about UKIP lying - well ...

"The referendum Wilson organised to remedy Heath's constitutional breach misled the electorate on a simple constitutional issue and was, therefore, itself illegal. (Wilson's referendum was passed after a good deal of very one-sided propaganda was used to influence public opinion. If the nation had voted against our `continued' membership of the EEC the political embarrassment for all politicians would have been unbearable.)"

"Britain's entry into the Common Market (later to be transformed into the EU) was also illegal for another reason. The Prime Minister who signed the entry documents, Edward Heath, later confirmed that he had lied to the British people about the implications of the Treaty.

Heath told the electorate that signing the Treaty of Rome would lead to no essential loss of National Sovereignty but later admitted that this was a lie. Astonishingly, Heath said he lied because he knew that the British would not approve of him signing the Treaty if they knew the truth. Heath told voters that the EEC was merely a free trade association. But he was lying through his teeth. He knew that the original members of the EEC had a long-standing commitment to political union and the step by step creation of a European superstate.

Edward Heath received a substantial financial bribe for taking Britain into the EU when he was Prime Minister. (Heath was no stranger to bribery. One of his aides bribed a senior Labour Party official 25,000 for details of Harold Wilson's election tactics.) The reward of 35,000, paid personally to Heath and at the time a substantial sum of money, was handed over to him (in the guise of The Charlemagne Prize) for signing the Treaty of Rome."

"But the errors made by Heath and Wilson mean that when we want to leave the EU it will be very easy.

Because, officially, we never joined.

An independent British Parliament would simply have to pass one short Act of Parliament and give notice to the EU and we would be out of this accursed club."

http://www.vernoncoleman.com/euillegally.html

I hope the guy who wrote this is still alive. He must be a very happy person to finally see the UK on its way out of the EU.
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