Is our EU membership ultra vires?

Dr Richard AE North is a distinguished blogger and writer, but I do not entirely share his distaste for UKIP, of which he was once (like Professor Alan Sked) a key mover and shaker.

It seems that like many others, Dr North finds constitutional objections to EU membership as irritating as a gadfly. Here's a recent exchange:

[from the main body of his post] To this sad, dysfunctional crew, the EU treaties are "illegal" and those who signed it are "traitors". Any idea of negotiation or agreement is an anathema. They would sooner see the British economy crash and burn than accept a deal with Brussels.

[Me] Bit tendentious. I do indeed argue that UK entry into the EU in 1973 was ultra vires. Why that should make me sad and dysfunctional I'm not quite sure...

[Dr North] This is exactly what I mean .... apart from the fact that we didn't enter the EU in 1973 (or the EEC for that matter), the entry was in accord with our constitutional arrangements. Why does it matter so much that you need to assert that it is "ultra vires"? It isn't...

[Me] But we did enter the EU and didn't know it. We were told it was simply a trading arrangement and didn't know about the commitment to "ever-closer union". But Macmillan, Heath and others did know, because they got legal advice that told them of the constitutional implications. And we do have a constitution, one that very specifically forbids ceding any sovereign power to anyone outside the country. So yes, it was and is ultra vires. The referendum didn't validate the change because again the prospectus was false. If this seems like a boring legal point then let us have done with law - which is a trend I see here and elsewhere.

Constitutional argument is currently raging - among those who read, rather than play computer games - in the USA also ("Washington's Blog" is a good place to start). For example, under the US Constitution - at least as it used to be - Congress declares war, not the President.

It is a bit odd that a passionate democrat like Dr North, who espouses the direct-democracy "Harrogate Agenda", should dislike those who point out that here as in the US, constitutions - the foundations of legislation and power, the source of their legitimacy - have been snipped through like the string on a child's balloon.

For all its many faults - and no human institution is free of fault, as doubtless Dr North will discover if ever the Harrogate Agenda should come to be implemented - UKIP is gaining support because people are becoming aware how radically disenfranchised we have become, and how money and power are clearing away the last obstacles to their unrestricted global rule.


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