“The Bill … does manifest some of the major consequences. It shows first that it is an inherent consequence of accession to the Treaty of Rome that this House and Parliament will lose their legislative supremacy. It will no longer be true that law in this country is made only by or with the authority of Parliament… The second consequence … is that this House loses its exclusive control—upon which its power and authority has been built over the centuries—over taxation and expenditure. In future, if we become part of the Community, moneys received in taxation from the citizens of this country will be spent otherwise than upon a vote of this House and without the opportunity … to debate grievance and to call for an account of the way in which those moneys are to be spent. For the first time for centuries it will be true to say that the people of this country are not taxed only upon the authority of the House of Commons. The third consequence which is manifest on the face of the Bill, in Clause 3 among other places, is that the judicial independence of this country has to be given up. In future, if we join the Community, the citizens of this country will not only be subject to laws made elsewhere but the applicability of those laws to them will be adjudicated upon elsewhere; and the law made elsewhere and the adjudication elsewhere will override the law which is made here and the decisions of the courts of this realm.”

— Enoch Powell

Speech http://hansard.millbanksystems.com/commons/1972/feb/17/european-communities-bill in the House of Commons (17 February 1972) on the Second Reading of the European Communities Bill
1970s

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Enoch Powell 155

British politician 1912–1998

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“The omnipotence of Parliament is for the British what for other nations is represented by the constitution, the declaration of independence and the law of human rights all rolled into one. That division of powers which was wrongly deduced from observation of Britain in the eighteenth century is unknown to Britain: just because we have no written constitution, the control of Parliament over both law and government has to be unlimited. In order for Britain to join the Community, the House of Commons has to be told, and to accept, that it will progressively lose its exclusive power to control legislation and government.”

Enoch Powell (1912–1998) British politician

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“Such is, and will be seen to be, the effect of the legislation which the House of Commons must accept if the Treaty of Accession is to be ratified. It will be asked to divest itself of the unrestricted competence and authority which it has gained and maintained over centuries, and which the people of Britain regard as the guarantee of their national independence and political liberties.”

Enoch Powell (1912–1998) British politician

Speech to The Lions' Club, Brussels (24 January 1972), quoted in The Common Market: Renegotiate or Come Out (Elliot Right Way Books, 1973), pp. 52–53
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“It is quite clear from what has been said and written that, time after time after time, there has been a conspiracy between the Conservative Front Bench in this House and the inbuilt Conservative majority in the House of Lords to defeat legislation that has passed through the House of Commons…I warn the House of Lords of the consequences…it is our strong view that the House of Lords should recall that its role is not that of a wrecking chamber, but of a revising chamber. In recent weeks, it has been wrecking legislation passed by this House.”

James Callaghan (1912–2005) Prime Minister of the United Kingdom; 1976-1979

Speech http://hansard.millbanksystems.com/commons/1976/nov/09/economic-policy in the House of Commons (9 November 1976)
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“Fundamental to our constitution is the supremacy of the Queen in Parliament and that our laws should be enacted by Parliament, by its authority in regulations, or indeed by judges in declaring the common law. That is what I understand is meant by the supremacy and sovereignty of the Queen in Parliament. I hope to show you in the course of my observations that that sovereignty is being eroded and that we are coming under another sovereignty—that of Europe and of the Council of Ministers. That is the challenge we face today.”

Alfred Denning, Baron Denning (1899–1999) British judge

Speech https://api.parliament.uk/historic-hansard/lords/1986/jul/31/european-communities-amendment-bill-1#S5LV0479P0_19860731_HOL_228 in the House of Lords against the Single European Act (31 July 1986)

“The House of Lords, in rejecting the Budget which provides for the national expenditure of the year, are refusing, for the first time since the great Rebellion, aids and supplies to the Crown, and by that fact and by their intrusion upon finance they commit an act of violence against the British Constitution. There is no precedent of any kind for the rejection of a Budget Bill by the House of Lords in all the long annals of the British Parliament, or, before that, in the still more venerable annals of the English Parliament. The custom of centuries forbids their intrusion upon finance.”

Winston S. Churchill (1874–1965) Prime Minister of the United Kingdom

The People's Rights [1909] (London: Jonathan Cape, 1970), p. 25
Early career years (1898–1929)

“Now, at present Britain has no V. A. T., and the questions whether this new tax should be introduced, how it should be levied, and what should be its scope, would be matters of debate in the country and in Parliament. The essence of parliamentary democracy lies in the power to debate and impose taxation: it is the vital principle of the British House of Commons, from which all other aspects of its sovereignty ultimately derive. With Britain in the community, one important element of taxation would be taken automatically, necessarily and permanently out of the hands of the House of Commons…Those matters which sovereign parliaments debate and decide must be debated and decided not by the British House of Commons but in some other place, and by some other body, and debated and decided once for the whole Community…it is a fact that the British Parliament and its paramount authority occupies a position in relation to the British nation which no other elective assembly in Europe possesses. Take parliament out of the history of England and that history itself becomes meaningless. Whole lifetimes of study cannot exhaust the reasons why this fact has come to be, but fact it is, so that the British nation could not imagine itself except with and through its parliament. Consequently the sovereignty of our parliament is something other for us than what your assemblies are for you. What is equally significant, your assemblies, unlike the British Parliament, are the creation of deliberate political acts, and most of recent political acts. The notion that a new sovereign body can be created is therefore as familiar to you as it is repugnant, not to say unimaginable, to us. This deliberate, and recent, creation of sovereign assemblies on the continent is in turn an aspect of the fact that the continent is familiar, and familiar in the recent past, with the creation of nation states themselves. Four of the six members of the Community came into existence as such no more than a century or a century and a half ago – within the memory of two lifetimes.”

Enoch Powell (1912–1998) British politician

Speech in Lyons (12 February 1971), from The Common Market: The Case Against (Elliot Right Way Books, 1971), pp. 65-68.
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“The order of authority derives from God, as the Apostle says [ in Romans 13:1-7]. For this reason, the duty of obedience is, for the Christian, a consequence of this derivation of authority from God, and ceases when that ceases. But, as we have already said, authority may fail to derive from God for two reasons: either because of the way in which authority has been obtained, or in consequence of the use which is made of it. There are two ways in which the first may occur. Either because of a defect in the person, if he is unworthy; or because of some defect in the way itself by which power was acquired, if, for example, through violence, or simony or some other illegal method.”

Thomas Aquinas (1225–1274) Italian Dominican scholastic philosopher of the Roman Catholic Church

in Aquinas: Selected Political Writings (Basil Blackwell: 1974), p. 183
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“The fact that the most arbitrary powers of the English executive must always be exercised under Act of Parliament places the government, even when armed with the widest authority, under the supervision, so to speak, of the Courts. Powers, however extraordinary, which are conferred or sanctioned by statute, are never really unlimited, for they are confined by the words of the Act itself, and, what is more, by the interpretation put upon the statute by the judges. Parliament is supreme legislator, but from the moment Parliament has uttered its will as lawgiver, that will becomes subject to the interpretation put upon it by the judges of the land.”

A. V. Dicey (1835–1922) British jurist and constitutional theorist

Introduction to the Study of the Law of the Constitution [Eighth Edition, 1915] (LibertyClassics, 1982), p. 273.

“The true simple question of the present dispute is, whether the House of Lords and Court Influence shall predominate over the House of Commons, and annihilate its existence, or whether the House of Commons…shall have power to…. regulate the prerogative of the Crown, which was ever ready to seize upon the freedom of the Electors of this country.”

Charles James Fox (1749–1806) British Whig statesman

Speech to his constituents in Westminster (1784), quoted in W. T. Laprade, 'William Pitt and the Westminster Election', American Historical Review, 23 (1912), p. 263.
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“…the finances of the country is intimately associated with the liberties of the country. It is a powerful leverage by which English liberty has been gradually acquired. Running back into the depths of antiquities for many centuries, it lies at the root of English liberty, and if the House of Commons can by any possibility lose the power of the control of the grants of public money, depend upon it your very liberty will be worth very little in comparison.”

William Ewart Gladstone (1809–1898) British Liberal politician and prime minister of the United Kingdom

Speech in Hastings (17 March 1891), quoted in A. W. Hutton and H. J. Cohen (eds.), The Speeches of The Right Hon. W. E. Gladstone on Home Rule, Criminal Law, Welsh and Irish Nationality, National Debt and the Queen's Reign. 1888–1891 (London: Methuen, 1902), p. 343.
1890s

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Enoch Powell 155

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