Only Half a Democracy
The European Union

Contents


Home.
Only Half a Democracy.
  1688 and All That.
  Scramble for the Centre.
  House of Lords.
  Foreign Policy.
  European Union.
  Referenda.
How Government Fails Us.
Government and Environment.
Global Context.
Citizens and Corporations.
Taking Liberties.
Why Parliament Fails Us.
Remedies.
Barriers to Reform.
The Local Dimension.
A New Kind of Party.
Your Issues.
What's New.
References.
Help Needed.

Contact David Smith at:


savingdemocracy@googlemail.com

Only Half a Democracy - The European Union


Much of the legislation that now affects us has been passed as a result of EU decisions. In fact under the European Communities Act 1972 as subsequently amended, EU law automatically applies within the UK. EU decisons are made in an even more secretive and undemocratic manner than is UK domestic legislation.

Up to now we have been able to pass our own laws to give effect to treaty obligations and EU law, but British courts have had the obligation to give precedence to the wording of the EU law over that of domestic legislation. However, if the EU Reform Treaty is ratified, we will not even be able to write our own laws unless we withdraw from the treaty altogether.

In 2005 ratification of the European Constitution failed when voters in France and the Netherlands rejected it in referenda. Far from giving up, the European Council decided to change the name from the Constitution to a treaty to avoid further difficulties. As far as UK ratification of the treaty is concerned, it has become the practice for governments to avoid rafifying European treaties until the relevant European Communities (Amendment) Act has been passed. This precedent will presumably be followed, but the government is refusing a referendum.

Fortunately the Irish Republic was required by its constitution to hold a referendum on the treaty. Voters turned it down. EU leaders were very angry, and are still looking for a way to get the changes they want.

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Page Last Updated 29 July 2008.