Constitutional implications of the Cabinet Manual - Political and Constitutional Reform Committee Contents


Written evidence submitted by John Ellery Gillingham

1.  I was quite surprised that the Cabinet Manual does not appear to include any mention of the Duchy of Cornwall and the Stannary law system which, still in place, distinguishes Cornish law from that of England.

2.  The Duke of Cornwall is Lord Paramount in Cornwall, in the rest of the Bristish Isles this is the Queen. In effect the Duke can be considered sovereign with the right to call his own parliament, the Stannary Convocation. This parliament is legislative and has the right to veto Westminster legislation, a right that it did exercise. It last met in the 1750s, but it has been proven in the Westminster parliament, in the latter half of the 20th Century, that the Stannary law and parliamentary system are still valid.

3.  Various acts and court cases have proved over the years that the Duchy is synonymous with the whole territorial dominion of the county of Cornwall. Recently many MPs of various backgrounds have referred to Cornwall as the Duchy of Cornwall when discussing the number of Cornwall's MPs.

4.  You should also be aware of the fact that until the 17th/18th century Cornwall was still considered one of the constituent nations of the British Isles. On all maps up to around 1550 Cornwall appears as a nation alongside Wales, England, Scotland and Ireland. Many Acts of parliament refer to "Anglia et Cornubia" just like today we see "England and Wales".

5 January 2011



 
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