The writing of The English Constitution 2010.
Part 3. How I came to write the English Constitution 2010.
Writing the English Constitution 2010.
Early in the premiership of Gordon Brown he started to talk of the British Constitution and how it was un-codified, (not written), and how much of the British Constitution was embedded within legislation, common law, custom and tradition. There’s a Constitutional Monarchy, but where’s the Constitution that details this? The trouble with an un-codified constitution is that it can be hidden away. The people would not know how or if that constitution has been usurped, undermined or downright flouted. So I got to thinking, “How difficult can it be to write a constitution for a country?”
My first attempt at writing a constitution like document, was in late 2008. I had based it on the original Magna Carta in structure, but while some sections were taken from The Magna Carta itself, a great many others I put in. I called it The Magna Carta 2009, because that was the year in which a majority of it was completed. Suffice it to say, it was rubbish. So I ditched it and started a new attempt at a more formal construction. I looked at the US Constitution and the United Nations Charter for ideas of general construction, but a majority of the detail are my own work or some sections created based on other works.
The primary sources for the governance of England, for example, have come from the Monarchy website, the Parliament website and for human rights, The United Nations Declaration of Human Rights. Again, the general structure and a lot of detail was finished by the end of 2010, consequently, this current work I have called The English Constitution 2010, ( http://theenglishconstitution2010.yolasite.com ).
Since then, I have added bits, taken bits out, put back some bits, taken some other bits out, so on and so on. I have added some parts or taken some parts out as a result of things I’ve seen and heard in the news media, on the telly, or on the internet. The English Constitution 2010 is in a state of flux at the moment, a consultation phase, until it is accepted by the People of England or consigned to be a footnote in the history of the world.
The English Constitution 2010 is divided into articles with an Appendix section at the back. It starts with a preamble. The articles are: (1) English Constitution, (2) Governance of England, including a declaration of independence, (3) National Defence, (4) Law and Order, (5) Shire Councils, (6) Social Security, (7) Human Rights, (8) Education, (9) National Health, (10) Religion, (11) Other Matters. The Appendix section covers English identity, Punishment to fit the Crime, Education and the National flag, and others I intend to add later.
The English Constitution is only a literary exercise at the moment. Nothing is set in stone, so I am open to anyone and everyone who may well have a view. I would much prefer constructive criticism, not irate chants from people who have only read part of the English Constitution, got the wrong idea and are blowing a gasket or two. I have made that mistake myself in the past. Please read it carefully, two or three times if necessary, your views are important to me.
The consequences of Devolution.
I have looked into the background of devolution and what it would mean for England. I am of the firm personal belief that devolution was created to initiate and support Scottish Independence and the destruction of England as a country and the English people as a Nation. I have no confidence in the West Lothian Commission at all. Ironically, it will be Scottish Independence that will be the salvation for England and the English people. As the Declaration of Independence states in the English Constitution 2010,
“It is with deepest regret that in these modern times, the safety and security of England and the English people, can no longer be assured by continued membership of the United Kingdom of Great Britain and Northern Ireland.”
However, as a result of membership of the British Union and then devolution, England is now in a very dodgy situation. When the Americans call us ‘British’ they sometimes mean ‘English’. When they refer to us as ‘English’ they invariably mean ‘English’ or ‘British’, which can be very confusing even for us. There is a British culture. The trouble is that it is mostly English in nature. This is the basis of the modern question, “Who are the English?” It will also be the basis of most of the troubles that will plague England after Scottish Independence or England becomes independent in some other way.
So what will those troubles be?
Firstly There is the national debt as will be left behind by the British Union when it passes. In terms of England trying to make a go of independence economy wise, such a great debt would seriously hamper economic recovery and growth and improvements for the new England state. However, if England were to zero the debt arbitrarily, such a move might initially seem a good one, though it might end up causing greater trouble than if we don’t. Especially in the case of the value of sterling on the stock markets, which will already have a shaky time as a result of independence alone.
Then there are international treaties between Britain and other countries as well as other agreements created when England was part of the British Union. When Scotland becomes independent, the British Union treaty, The Act of Union 1707, ( http://www.rahbarnes.demon.co.uk/Union/UnionWithEnglandAct.htm ), is broken and the United Kingdom of Great Britain and Northern Ireland will cease to exist. As a result of this, the status of many people in England and abroad will change.
Those people who’s ancestry will be continuously English, will be the indigenous English people, simply because their family goes back far, perhaps as far as Anglo-Saxon times. But what of those who have come to live in Britain in the last 300 years? How can that be solved? And what of those people who have legitimately come to Britain in the last 100 years to permanently live in England? Then there is the period of British Union from 1997 to the present. As a result of the antics of New Labour with their “Open Door” policy for immigration, many people have come to Britain, that perhaps should not be here. That’s not to say all people have come here illegally, just that too many immigrants were allowed in, than perhaps would have normally been let in under better controlled circumstances. The upshot of this is, as I alluded to in part 2 of this series, that there will be many British people in England who are not English. There are many immigrants who have settled here under British rule who’s status would now be in doubt. Then there are many illegals that have been let in as a deliberate action of New Labour in relation to border controls, that still are a problem under the Conservative coalition government. This will be by far the most difficult challenge for a newly independent England, the reassertion of English identity and who should be in England and who should not.
Then there are the status of Wales, Northern Ireland, the Falkland Islands, Gibraltar, and other territories and assets around the world.
Since the Welsh Assembly was created under British rule, such constitutional change will be null and void and Wales would become fully part of England again. This will cause trouble as now the Welsh have had a taste, however fleeting, of limited autonomy as to perhaps not want to give it up. Northern Ireland has an assembly, and for my money, it’s probably best they keep it as it will help to bring them a more lasting peace in that part of Britain and England should continue to support it.
The two greatest problems for England outside the British Isles will be the Falklands and Gibraltar. Since Argentina might see the breakup of Britain as a chance to take over the Falklands, England must be on her guard. Gibraltar exists as a result of a treaty, ( http://www.discovergibraltar.com/pages/mainlogo/mainfrm.htm ), as indicated in the history of Gibraltar, ( http://www.gibraltar.gi/history/ ). This will undoubtedly stir up the Spanish, however, access to the Mediterranean is important to England, strategically, and therefor Gibraltar must remain in English hands.
It’s important that these and many other assets around the world remain in English hands for one very important reason. Once Britain is gone, there will be many British people around the world who’s status would become uncertain, and, in the short term till their status is verified, it shall be England’s duty to provide protection for them since many will be of English heritage as well as English people living or working abroad. If we as a nation are to be able to look after our people no matter where they are in the world, we need all the physical assets that Britain currently has in the world, including an increase in armed forces needed for such strategic operations around the world. Not for any imperialistic reasons, but just to be able to function in the wider world and to look after our people far and wide. In the English Constitution 2010 this paragraph is included:
Article 2, section 5;
“2.28 It is a matter of high principle that the English people shall not abandon their own, wherever they live on this world or any other. Should the people of England, (Naturalized as well as indigenous,) get into trouble elsewhere in the world, or are threatened by others, England shall always come to their aid, be they a million, a thousand, a hundred, ten or one, they shall not be alone.”
These concerns then and probably many more that I have not alluded to or even thought of will plague a newly independent England in the years ahead but hopefully will lessen over time, as England and the English people therein make their presence known to the world as an independent nation.
So Why do we need a Written Constitution?
We need a written constitution because the time of transition from being British to being English will be a minefield to travel through without some kind of guidance else the whole thing will blow up in our faces. Too many groups have emerged all with their own ideas as to what the new and free England should be like. That is a recipe for disaster. There are already several groups, some protest groups, others seeking a devolved English parliament, others still seeking to create English political parties of one kind or another. Some protest groups attract, deliberately or accidentally, verbal and sometimes violent disruption on the streets of England, and in response opposition groups do the same. This I cannot accept as the right way to go. As such, they create circumstances whereby those on the sidelines may well blame, rightly or wrongly, English people in general as trouble makers and racists, etc. Most sensible people will know differently. However, it is always the few groups that attract or even cause violence and disruption that get the greater publicity, rather than the greater more peaceful majority, definitely guilt by association.
The choice of the English people is clear, remain within the confines of a devolved kingdom where our very existence shall be slowly eroded until we cease to exist in the eyes of others, which could very well cause greater resentment and a possible swing to greater violence. Wait for Scotland to become independent which is a more likely occurrence, or we can become an independent people ourselves and become as great a people as we once were, if not greater, united under a written constitution that the people will own and is never hidden away from them. The Old English motto of the English Coat of Arms that I have designed states simply this:
“Se Lēodscipe Ānsprǣce”
“The People Speak as One”
Look out for my next series in The English Standard on English Culture and identity called, Modern Anglo-Saxons Today, including a consideration of multiculturalism.
Look for or contact me on Twitter as @AlionofE.