2016 – 009 Oath of Allegiance and the repeal of the Treason Act

3 responses to “2016 – 009 Oath of Allegiance and the repeal of the Treason Act

  1. Very interesting piece of analysis – not at all dry constitutional “stuff”, especially in light of the soon-to-come EU referendum.
    My assumption is that the ineluctable process of “ever-closer” union will cement and reinforce the trend towards EU legal superiority over UK law.
    Eventually – and inevitably – the EU Court will possess a standing like that of a US Supreme Court in all its dealings with inferior states’ legal systems.
    Whether or not subsidiarity will ever amount to anything like US states’ rights remains to be seen, though I personally doubt that the EU Court will ever give up meaningful legal powers.
    No one ever gives away real power. Ever.
    Ultimately, the UK will end up rather like a county council of the past, with some delegated powers but little real legislative powers in future.

  2. One possibility occurs to me: an EU Commissioner could presumably resign from the position of Privy Councillor and/or The Monarch could discharge them from the position of Privy Councillor, thereby removing their entitlement to be addressed as Right Honourable and removing their entitlement to having the letters Rt. Hon. before their names.
    MPs cannot resign from the position of MP; they have to go through an arcane procedure of applying for the post of Steward of the Chiltern Hundreds (a non-existent position) which – technically – is in the gift of The Crown, thereby disqualifying them from holding the post of an MP and – in the process – generating a parliamentary constituency by-election.
    Presumably, applying for a position as an EU Commissioner should also disqualify them from continuing in membership – technically – of the Privy Council, though it should be noted that meetings of the Privy Council are very rare and usually only involve 3 cabinet ministers. My guess is that they have just not bothered to redress the HMG PC/EU Commissioner “clash”.

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