Re: And Still They Try To Thwart Democracy!!
Originally Posted by
Flicker
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In effect "changing the constitution" is in reality a process of repealing and replacing legislation. This is what Parliament does. I do not think that every case brought before the judiciary and which is potentially changing the constitution needs the approval of direct democracy.
Agreed not every case need have a referendum however
"significant" changes to the constitution very much should involve public consent.
Whilst the definition of the constitution is not fully compiled or encoded, the heart of that constitution is well known and understood and has been for centuries.
Various parliamentary committees have frequently referred to a checklist drawn up by
Professor Sir John Baker which, while neither exhaustive nor closed, represents “a useful guide to the principal measures which would fall under the rubric of
significant constitutional change.”
The list was as follows:
- any alteration to the structure and composition of Parliament;
- any alteration to the powers of Parliament, or any transfer of power, as by devolution or international treaty, which would in practice be difficult to reverse;
- any alteration to the succession to the Crown or the functions of the monarch;
- any substantial alteration to the balance of power between Parliament and government, including the conferment of unduly broad or ill-defined powers to legislate by order;
- any substantial alteration to the balance of power between central government and local authorities;
- any substantial alteration to the establishment and jurisdiction of the courts of law, including any measure that would place the exercise of power beyond the purview of the courts, or which would affect the independence of the judiciary;
- any substantial alteration to the establishment of the Church of England;
- any substantial alteration to the liberties of the subject, including the right to habeas corpus and trial by jury.
I believe it can be clearly shown that most, if not all, of the above "significant constitutional changes" have been undertaken by the implementation of the 5 EU Treaties.
The public has not been consulted on any of those changes, not given a vote, a referendum or a choice. Parliament and indeed the Monarchy, is there to
uphold the law and customs of this country.
Allowing such constitutional changes to be made piecemeal, by stealth, and without public consultation and consent, is wrong in the extreme and quite probably an act of treason.