Supplementary memorandum by Mr A Dakers
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 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?
1 September 2005
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