Looming Constitutional Crisis
Reported by the BBC
Canada is sending its navy back to the far northern Arctic port of Churchill after a 30-year absence. The visit by two warships to the area is the latest move to challenge rival claims in the Arctic triggered by the threat of melting ice.
The move follows a spat between Canada and Denmark, over an uninhabited rock called Hans Island in the eastern Arctic region.
An interesting constitutional situation could arise here!
"Article 224 ( of the European Treaty) states that Member States shall consult one another with a view to taking in common the necessary steps to avoid the operation of the Common Market being affected by measures which a Member State may be called upon to take in case of serious internal disturbances affecting public policy or the maintenance of law and order ( "ordre public"), in case of war or serious international tension constituting a threat of war, or in order to carry out undertakings into which it has entered for the purpose of maintaining peace and international security".
Now if I recall correctly, In Canada, the Queen's official title is Elizabeth the Second, by the Grace of God, of the United Kingdom, Canada and Her other Realms and Territories Queen, Head of the Commonwealth, Defender of the Faith.
UK Governments since the 1972 have claimed that European Law is "supreme" in the UK . What would be the position in law if the EU attempted to impose its will on British subjects, in support of Denmark upon Canadian Citizens by force in the circumstances which are envisioned in Article 224 of the Treaty?
Oath of Allegiance
The oath of allegiance sworn by members of the armed forces to the Queen may turn out to be of real importance. If the Queen in Parliament passed legal notice to withdraw from the EU, and the Courts (including the European Court of Justice) tried to declare this unlawful, there would be, theoretically, a stand-off.
Would the armed forces breach their oath of loyalty to the Queen backed by Parliament?
see coup d’etat inquiry
.
Canada is sending its navy back to the far northern Arctic port of Churchill after a 30-year absence. The visit by two warships to the area is the latest move to challenge rival claims in the Arctic triggered by the threat of melting ice.
The move follows a spat between Canada and Denmark, over an uninhabited rock called Hans Island in the eastern Arctic region.
An interesting constitutional situation could arise here!
"Article 224 ( of the European Treaty) states that Member States shall consult one another with a view to taking in common the necessary steps to avoid the operation of the Common Market being affected by measures which a Member State may be called upon to take in case of serious internal disturbances affecting public policy or the maintenance of law and order ( "ordre public"), in case of war or serious international tension constituting a threat of war, or in order to carry out undertakings into which it has entered for the purpose of maintaining peace and international security".
Now if I recall correctly, In Canada, the Queen's official title is Elizabeth the Second, by the Grace of God, of the United Kingdom, Canada and Her other Realms and Territories Queen, Head of the Commonwealth, Defender of the Faith.
UK Governments since the 1972 have claimed that European Law is "supreme" in the UK . What would be the position in law if the EU attempted to impose its will on British subjects, in support of Denmark upon Canadian Citizens by force in the circumstances which are envisioned in Article 224 of the Treaty?
Oath of Allegiance
The oath of allegiance sworn by members of the armed forces to the Queen may turn out to be of real importance. If the Queen in Parliament passed legal notice to withdraw from the EU, and the Courts (including the European Court of Justice) tried to declare this unlawful, there would be, theoretically, a stand-off.
Would the armed forces breach their oath of loyalty to the Queen backed by Parliament?
see coup d’etat inquiry
.
posted by Anoneumouse at 3:29 pm
0 Comments:
Post a Comment
<< Home