Letter from Geoff Southall and Michael
Clark, The Democratic Party Limited
1. The background to our concern extends
over 35 years to the European Communities Act 1972 and
the four subsequent European Treaties dated 1986, 1992, 1997 and
2001. In our submission these treaties have produced a constitutional
illegality at law on the Statute Book, being in conflict with
existing great statutes still in force. A thousand years
of our constitutional history has been placed under the shadow
of a near total eclipse, producing a vacuum at the very centre
of our unique system of democratic parliamentary monarchial government,
ie "The Queen-in-Parliament under God." The Head
of State is now compromised which will increasingly undermine
the stability of the nation.
2. Our Covenant system of government
aspires to a higher authority than that of man, whereas the European
System is dictated by the Will of Man, a direct product
of the French Revolution. The foundation of our democracy was
re-confirmed under the most solemn oath between
the Sovereign and the People on 2 June 1953, in which HM The Queen
promised to uphold the "laws and customs of the Realm"
for her entire reign. Since the ECA 1972 the Monarch has
been in the position of being "deceived in her grant,"
being made to do wrong in failing to uphold our laws and customs
and our ancient freedoms.
3. A basic dichotomy exists between English
Common Law and European (or Roman) Civil Law, a
fact which has never been faced. The late Lord Denning likened
this legislative force which produced this dichotomy to an "incoming
tide" sweeping into our estuaries which would overflow the
land. His prescient perception and warning has proven true.
4. The First Lord of the Treasury, the Prime
Minister, has continued, with parliamentary sanction, to approve
the transfer of tens of £ billions of public monies to the
European Union (almost £10 billion gross projected for 2008)
which organisation for over a decade has failed to pass its audited
accounts. The level of financial corruption in the EU is notorious
and those of its employees brave enough to expose its fraudulent
systems have been subjected to threats, merciless treatment and
5. In 2003 we took legal action against
the Government in the High Court (Geoff Southall and the Democratic
Party vs Secretary of State for Foreign Affairs) in respect
of the then proposed EU Constitution. The Judges at the first
hearing and on Appeal, ruled only that we were "premature"
and denied us judicial review, which would have given the whole
constitutional issue an opportunity for open debate.
6. It is our submission, under advice from
our legal team, that Parliamentary Sovereignty on the EU treaties
is maintained only by the constitutional doctrine of implied
repeal or disqualification of existing great and historic statutes,
which form the bulwark of our ancient liberties against dictatorship.
These statutes HM The Queen stated constitute "the sure
foundation on which the whole edifice of parliamentary democracy
rests" (The Queen, 20 July 1988, to both Houses of Parliament,
Westminster Hall) and not having been repealed they
remain in force. The principle of alleged "loaned"
sovereignty has never been fully and widely debated, the concept
and knowledge of which has been withheld from the People.
7. Under the Reform (or Re-named) Treaty,
which other leaders have confirmed is 90/95% the same constitutional
document signed by Messrs Blair and Straw in Rome on 29 October
2004, a new constitutional settlement will in time become embedded,
to the total submission of our present lawful constitutional settlement
established since 1215/1295 and reinforced in 1688.
8. With 80% of our laws coming from Brussels,
our British Parliament has become over-committed to a deficit
of trust with the Electorate, who are largely unaware of the
vacuum developing at the heart of our government. The vastly reduced
powers of Parliament is we believe sensed by the Electorate in
the reduced turn-out at General Elections, which is a highly dangerous
prospect for the future. If the people, who themselves remain
sovereign, discover that the political investment in the EU
Project is bankrupting their democracy, a constitutional crisis
of considerable force will certainly emerge.
9. It is the declared constitutional position
that the trust of the people, or their sovereignty, is returned
to them intact every five years. This has not been possible
since Royal Assent was given to the Treaty of Rome in October
1972. In this respect, it should be kept constantly in mind that
the golden thread of our history is the way we bring down the
over-mighty subjects who take it upon themselves to rule our people
out of their own head, ie "Be you never so high, the law
is above you" (Thomas Fuller).
10. Parliament is Sovereign in the name
of the People. Yet under Article 4(3) of the Reform Treaty it
is stated that "The member states shall facilitate
the achievement of the Union's tasks and refrain from any measure
which could jeopardise the attainment of the Union's objectives,"
or Article 8c "National Parliaments shall contribute
actively to the good functioning of the Union." The meaning
and effect is very clear. A supra-national alien authority is
to be set above our own Parliament to subjugate "The
Queen-in-Parliament". Even without the word "shall",
on both counts those paragraphs sweep away any thought of maintaining
Red-lines in the future.
11. It should be kept constantly in mind
that the People have never been told that their ancient freedoms
under Magna Carta, the Declaration of Rights, the Bill of Rights
and Habeas Corpus have been and are being unlawfully overruled
by short-term politicians. In the event that the People
become informed of this betrayal of their trust placed in their
representatives, those responsible for the collapse of trust in
Parliament and, indeed, in the Judiciary itself, could be held
accountable resulting in an indictment of the greatest severity.
12. In view of the very serious nature of
the unconstitutional Treaty that is to come before Parliament
in the new session, revealed in the Gracious Speech today, we
are bound to make what follows very clear. We are now in the process
of discussing our return to Court, which we intend should become
an historic action for the sake of all those who have an Oath
of Allegiance to the Monarch and have fought and died for our
freedoms in these British Isles. This in order to prevent something
far worse in the futurea descent into civil strife.
6 November 2007