:: welcome to

NINOMANIA

:: A constitutional law blog by Scalia/Thomas fan David M. Wagner, M.A., J.D., Research Fellow, National Legal Foundation, and Teacher, Veritas Preparatory Academy. Opinions expressed here are those of the author and do not reflect those of the NLF or Veritas. :: bloghome | E-mail me ::


"Scalialicious!"
-- Eve Tushnet


"Frankfurter was born too soon for the Web, but I'm sure that, had it been possible, there would have been the equivalent of Ninomania for Frankfurter."
-- Mark Tushnet
(I agree, and commented here.)


"The preeminent Scalia blog"
-- Underneath Their Robes


 Subscribe in a reader



Site Feed


Also please visit my opera blog, Box Five!

    follow me on Twitter



    Bloglinks:

    Above the Law, by David Lat

    Balkinization

    CrimLaw

    Duncan's Con Law Course Blog

    Eve Tushnet

    Eye of Polyphemus, by Jamie Jeffords

    How Appealing

    Hugh Hewitt

    Justice Thomas Appreciation Page

    Legal Theory Blog

    Lex Communis

    Opinio Juris

    Overlawyered.com

    Paper Chase (from JURIST)

    Point of Law (Manhattan Inst.)

    Professor Bainbridge

    Public Discourse

    Redeeming Law, by Prof. Mike Schutt

    SCOTUS Blog

    Volokh Conspiracy

    WSJ Law Blog





    Other fine sites:

    Alexander Hamilton Inst. for Study of Western Civilization

    Ave Maria School of Law

    Center for Thomas More Studies

    Family Defense Center

    The Federalist Society

    The Founders' Constitution

    George Mason University School of Law

    Immigration and Refugee Appellate Center

    Judged: Law Firm News & Intelligence

    JURIST

    Law Prose (Bryan Garner)

    Liberty Library of Constitutional Classics

    National Lawyers Association (alternative to ABA)

    Supreme Court decisions

    The Weekly Standard



    Something I wrote about marriage


    lawyer blogs


    [::..archive..::]
    ::

    :: Wednesday, January 23, 2008 ::
    In Britain, a court challenge to the potentially sovereignty-ending Lisbon Treaty -- John Gouriet writes:
    We believe that [U.K. government] ministers are limited by the confines of the Constitution; that they have no authority to surrender, or lend, sovereignty to another power, especially one that is unelected, unaccountable, irremovable and owes no allegiance to the British Crown.

    They have no power to assume Royal prerogative or the right to break their oaths of allegiance and office, or cause the Sovereign to break his or her contract (Coronation Oath) with the people to govern according to their laws and customs.

    If ministers try to enact bad or damaging law, the Crown, one of the three legs of governance, has a duty to refuse assent. Anyway, how can the strictly impartial Crown accept partial advice based on political whim?

    We belive parliamentary "supremacy" and the doctrine of no government "binding its successor" are confined to the statutes of administrative law, not constitutional law.

    We also believe that constitutional law cannot simply be repealed by introducing a new act. If it can be repealed at all, it must be repealed expressly in full and normal procedure.

    Furthermore if the doctrine that Parliament may not destroy its own "omnipotence" is correct, by adopting permanent subservience to Brussels, from which already nearly 80% of our laws originate, its so-called "omnipotence" would indeed be destroyed.

    In 1803 in the United States in a significant case, Marbury v. Madison, a Supreme Court Judge, Marshall, held that the US Constitution, based on the English original, was superior to a certain ill-conceived Act introduced by Congress and he declared the offending statute void.

    We urgently need a Marbury v. Madison type case here and every one in Britain should be thankful that Stuart Wheeler is to ask the courts urgently whether there is any lawful authority for our government to over-ride our existing Constitution and impose the EU version.

    I know counsel have assembled a powerful case to argue that the Government has no such authority and Mr. Wheeler is prepared to go all the way to the House of Lords to obtain justice for the British people and mark out the constitutional limits of parliamentary power. Without this the people no longer have any remedy against misfeasance or tyranny.

    The case naturally is likely to be very expensive and all possible support is needed. Please send contributions marked DT and payable to, CONSTITUTIONAL CHALLENGE c/o This England, PO Box 52, Cheltenham GL50 1YQ.

  • John Gouriet was a co-founder of the Freedom and is Chairman of Defenders of the Realm, which challenged the Nice Treaty in 2003 and with This England Magazine raised 1,125 million signatures in 2004 to petition the Queen not to grant assent to an EU constitution without support of the majority of the electorate.



  • :: David M. Wagner 10:27 PM [+] ::
    ...

    Site Meter
    This page is powered by Blogger. Isn't yours?