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     An elected Head of State for Britain
      The Constitution

Britain lacks a proper Written Constitution
Ken has some expertise in the question of the British Constitution, having
been an active member of Charter 88, the campaign for constitutional change,
since its foundation & a member of its Council for many years. While the aim
of a written constitution is still highly desirable, an Act of Parliament
might suffice. It must, however, address significant problems:-

Subjects and Citizens
Technically, UK passport holders & people qualified to hold one, are the
property of the Sovereign. This is actually little affected by the
incorporation of the European Declaration of Human Rights into British Law
in October 2000. However, a soon as full citizenship is accorded to British
people, much of our existing constitutional arrangements are compromised,
and not before time.

The Royal Prerogative
These prerogative powers are mostly exercised by the Prime Minister on
behalf of the Sovereign & very handy they are, too, as they effectively put
the Prime Minister above the Law. No Royals, no prerogative powers & many
acts committed in private must be brought before the elected Parliament. The
Privy Council would fall into abeyance, for example, and the agreement of
foreign treaties & the declaration of war would also have to be brought
before Parliament, which they do not have to be at present. Many people do
not realise this.

The present Head of State's powers
At present, the Head of State is above the Law, because the Head of State is
the Law. She owns the State. For example, I own the Freehold of my house,
not the house. I hold it free of charges from the Queen. The change to an
elected Head of State, who reports to the people is a reversal of this idea.
The constitutional expert, Tony Benn, asks five questions of the powerful.
These, and the answers that could be given by the House of Windsor are:-

1. What is your power? Unlimited, except by the conventions enshrined in
mutable law but not by a written constitution (as, say, in the case of the
Belgian King).

2. How did you get it? We have always had it, occasionally reinforced by
conquest, but generally by the Will of God.

3. How do you exercise it? Through the conventions of parliamentary
democracy.

4. To whom do you report? No one except God.

5. How do we get rid of you? You cannot. See the next section.

The Oath to the Head of State
How can parliamentarians who have taken an oath of allegiance to the Queen &
all her successors legislate for the abolition of the monarchy? Only those
such as Tony Banks, who took the oath with his fingers crossed & got away
with it, are not bound by it. Either the Queen must relieve them of their
oath, which she has made clear that she would not, or parliamentarians must
break their oath. On passing legislation for a Republic in breach of their
oath, they must immediately submit to a General Election to renew their
mandate in this extraordinary situation whereby they have breached the oath
on which they were confirmed in their election &, since the Queen would no
doubt not assent to the legislation, to receive the permission of the people
to override the lack of the Royal Assent.

A non-executive President would not have to assent to legislation that had
previously been agreed as consistent with the Constitution, written or
unwritten.

There are doubtless other problems but problems are there to be overcome.



      Other pages:-
     The Office of President
     Buckingham Palace etc
     Personal manifesto
     Nominations
     Index page


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Contact: Ken Baldry, 17 Gerrard Road, Islington, London N1 8AY, +44(0)20
7359 6294 or e-mail him

URL: http://www.ourpresident.org.uk/constitution.html

Last revised 24/11/2002


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� 2001-2002 Ken Baldry, print, copy & pass on, please or e-mail your friends
about this campaign.

Item Ends.

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Britain...a modern day middle ages rule of hypocrisy where State murder is
permitted by Royal Appointment.

mauricekellett@onetel.com







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