A commentator on Breitbart, ‘Rob’, says of the decision by the FBI not to recommend charges relating to alleged violation of the law relating to the use and security of the Secretary’s private email server:
“Until this election, the corruption, coercion, and sleazy backroom deals were just that… backroom. The Clintons… AND Obama… have revealed who they are: criminals. IF in light of this clear abortion of justice this country elects Hillary, the United States DESERVES to collapse and disintegrate just like Rome. Shame on Comey. Shame on Lynch. Shame on Obama. And shame on that sleazy criminal hag Hillary. Disgusting… all of them, and I would love to watch Attorney General Chris Christie put them all in prison next summer.”
You might think so from reports from the usual quarters, including the Grauniad in a piece, which even by the low standards of legal waffle, is utterly devoid of anything approaching a reasoned legal argument. But from their point of view perhaps, job done.
However, some heavyweight lawyers have weighed in with an opinion piece providing some arguments that Brexit would only be lawful if Parliament approved it. And you can imagine their concern that the clearly expressed will of the electorate might be ignored, why the BBC has even picked up this article, letting it be more widely known.
‘…we argue that as a matter of domestic constitutional law, the Prime Minister is unable to issue a declaration under Article 50 of the Lisbon Treaty – triggering our withdrawal from the European Union – without having been first authorised to do so by an Act of the United Kingdom Parliament. Were he to attempt to do so before such a statute was passed, the declaration would be legally ineffective as a matter of domestic law and it would also fail to comply with the requirements of Article 50 itself.’
So that was all a waste of time then, and Mr Cameron has resigned for no good reason (from his pov), I hear no one say.
Let’s look at this a bit, (btw my answer is ‘No’).
Article 50 – The relevant provisions of Article 50 read as follows:
1 Any Member State may decide to withdraw from the Union in accordance with its own constitutional requirements.
2 A Member State which decides to withdraw shall notify the European Council of its intention. In the light of the guidelines provided by the European Council, the Union shall negotiate and conclude an agreement with that State, setting out the arrangements for its withdrawal, taking account of the framework for its future relationship with the Union. That agreement shall be negotiated in accordance with Article 218(3) of the Treaty on the Functioning of the European Union. It shall be concluded on behalf of the Union by the Council, acting by a qualified majority, after obtaining the consent of the European Parliament.
3. The Treaties shall cease to apply to the State in question from the date of entry into force of the withdrawal agreement or, failing that, two years after the notification referred to in paragraph 2, unless the European Council, in agreement with the Member State concerned, unanimously decides to extend this period.
Article 50 is part of the Lisbon Treaty, and it is enshrined in law by an Act of Parliament (this Treaty was the one that Mr Cameron gave us that ‘cast-iron’ guarantee of a referendum on, until is was ratified, when it was ‘too late’ to have a referendum.)
Looking at 1, this seems to me to leave the decision to withdraw to the member state, and for it not to be a matter for the EU, and nothing more. If a member state decides to leave, it need only follow its own requirements, i.e. the EU does not presume to over-ride any such mechanism, fair enough, and the decision itself must be lawful, lest a would-be dictator seeks to rush out of the EU on the way to mimicking Belarus.
2 sets out the mechanism for the departing State to notify the European Council. Nothing fancy there, a verbal statement could do it, but a handwritten letter would be polite. “Dear Donald, We are ducking out of the European Union in accordance with the terms of Article 50, this letter is our formal notification thereof, Chauzinho, signed ….”. And then a negotiation starts.
Looking at 3, the Treaties shall cease to apply to the State in question etc. from the date of entry into force of the withdrawal agreement (whenever that might be) or, failing that, 2 years after the notification, unless the European Council unanimously* decides to extend this period (in agreement with the departing state)
(*Pay attention folks, 50 (3) crops up below.)
So if nothing is agreed to extend time, or if we don’t leave earlier, exit is automatic after 2 years. Perhaps the Chilcott committee will find a new task for the next decade or so, negotiating Brexit?
The problem, it seems, is that the lawyers think that the Royal Prerogative is constrained by law, in that the Sovereign (on the advice of her Ministers) can do no wrong, but also cannot do anything that is unlawful such as exercising her Prerogative when Parliament has provided for it to be exercised in a particular way or with prior Parliamentary approval, in which case it is no Prerogative at all, of course.
All very well, but the exercising of Article 50 is simply doing what ‘it says on the tin’, the right to withdraw is inherent in the Treaty, so exercising a right provided for in the Treaty is not (well it seems fairly obvious to me anyway) a breach of the Treaty or of EU law. One might ask, if Article 50 does not allow for withdrawal, what on Earth does it provide for?
But of course, it goes much deeper than that, the exercise of the Prerogative is constrained by Parliament and the law. The first line of attack is to argue that Parliament has to approve a decision to leave the EU.
Is this found in 50 (1) “…in accordance with its own constitutional requirements…” Of course, the UK has no written constitution (moan the Lefties), but the referendum was held by authority of an Act of Parliament, and it was only ever ‘advisory’, i.e. it was legally a pointless exercise, as the outcome mandated nothing, whereas a 2011 Referendum did mandate a change in the law in the event of approval to changes in the voting system, by delegated legislation within the Act. So the Act that provided for this Referendum could have provided for a mechanism for its implementation by its own provisions mandating the Prime Minister to trigger article 50 in the event of ‘Leave’ prevailing, or by requiring another Act (which is necessarily subject to Parliament’s will) to trigger Article 50. The Prime Minister may ignore this Referendum outcome completely, of that there is no legal doubt.
But then again, Parliament has constrained the power of the executive (i.e. the Crown as advised) in relation to treaties. Step forward The European Union Act 2011. This Act is a sort of ‘entrenching’ Act, which sets out various obstacles to Treaty modifications without a referendum in the UK, see section 4.
4 Cases where treaty or Article 48(6) decision attracts a referendum
(1) Subject to subsection (4), a treaty or an Article 48(6) decision falls within this section if it involves one or more of the following—
(a) the extension of the objectives of the EU as set out in Article 3 of TEU;
(b) the conferring on the EU of a new exclusive competence;
(c) the extension of an exclusive competence of the EU;
(d) the conferring on the EU of a new competence shared with the member States;
(e) the extension of any competence of the EU that is shared with the member States;
(f) the extension of the competence of the EU in relation to—
(i) the co-ordination of economic and employment policies, or
(ii) common foreign and security policy;
(g) the conferring on the EU of a new competence to carry out actions to support, co-ordinate or supplement the actions of member States;
(h) the extension of a supporting, co-ordinating or supplementing competence of the EU;
(i) the conferring on an EU institution or body of power to impose a requirement or obligation on the United Kingdom, or the removal of any limitation on any such power of an EU institution or body;
(j) the conferring on an EU institution or body of new or extended power to impose sanctions on the United Kingdom;
(k) any amendment of a provision listed in Schedule 1 that removes a requirement that anything should be done unanimously, by consensus or by common accord;
(l) any amendment of Article 31(2) of TEU (decisions relating to common foreign and security policy to which qualified majority voting applies) that removes or amends the provision enabling a member of the Council to oppose the adoption of a decision to be taken by qualified majority voting;
(m) any amendment of any of the provisions specified in subsection (3) that removes or amends the provision enabling a member of the Council, in relation to a draft legislative act, to ensure the suspension of the ordinary legislative procedure.
Zzzzz…. But nowhere in this Act has Parliament put any brake on the exercise of the notification to leave the EU under Article 50! That right is left untouched, yet it could have been constrained. Furthermore, this Act requires a referendum on certain decisions by Ministers (i.e. the Crown) by Section 6.
6 Decisions requiring approval by Act and by referendum
(1) A Minister of the Crown may not vote in favour of or otherwise support a decision to which this subsection applies unless—
(a) the draft decision is approved by Act of Parliament, and
(b) the referendum condition is met.
(2) Where the European Council has recommended to the member States the adoption of a decision under Article 42(2) of TEU in relation to a common EU defence, a Minister of the Crown may not notify the European Council that the decision is adopted by the United Kingdom unless—
(a) the decision is approved by Act of Parliament, and
(b) the referendum condition is met.
(3) A Minister of the Crown may not give a notification under Article 4 of Protocol (No. 21) on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice annexed to TEU and TFEU which relates to participation by the United Kingdom in a European Public Prosecutor’s Office or an extension of the powers of that Office unless—
(a) the notification has been approved by Act of Parliament, and
(b) the referendum condition is met.
(4) The referendum condition is that set out in section 3(2), with references to a decision being read for the purposes of subsection (1) as references to a draft decision and for the purposes of subsection (3) as references to a notification….
Try an espresso to stay with me, but furthermore, the Schedule to this Act sets out ‘Treaty provisions where amendment removing need for unanimity, consensus or common accord would attract referendum’.
And here we find, at the bottom, Article 50 (3):
Article 7(2) (determination by European Council of existence of serious and persistent breach by member State of values referred to in Article 2).
Article 14(2) (composition of European Parliament).
Article 15(4) (decisions of European Council require consensus).
Article 17(5) (number of, and system for appointing, Commissioners).
Article 19(2) (appointment of Judges and Advocates-General of European Court of Justice).
Article 22(1) (identification of strategic interests and objectives of the EU).
Chapter 2 of Title V (specific provisions on the common foreign and security policy).
Article 48(3), (4), (6) and (7) (treaty revision procedures).
Article 49 (application for EU membership).
Article 50(3) (decision of European Council extending time during which treaties apply to state withdrawing from EU).
So Parliament has set limits on what Ministers of the Crown may do in respect of the Lisbon Treaty, and has said nothing at all about the exercise of the right to withdraw requiring Parliamentary approval, it has left this area alone. Yet, if the UK were to partake in a decision to change the requirement for unanimity from the European Council when extending time during which the withdrawal mechanism applies to a departing state, this would require a referendum.
Of course, triggering Article 50 and Brexit will still leave Section 2 (2) of the European Communities Act 1972 intact and in force, maintaining the supremacy of EU law in the UK after Brexit, because nothing in Article 50 dis-applying the Treaties would necessarily repeal that section of UK law. But that would leave a post-Brexit Parliament in the odd position of being bound by a predecessor Parliament’s decision to make EU law supreme and limit its power to amend EU law. Would anyone suggest that such a situation would last?
The final arguments against Brexit may well be that to leave the EU is a breach of someone’s Human Rights, and is therefore void or should be stopped, or, alternatively that the decision to leave is a breach of EU law and therefore void.
But of course, by the very nature of the EU, the UK’s courts, even if they were minded to grant an injunction or interdict against notification of Brexit (making it void) cannot constrain the EU or stop it from doing what it wishes, such as showing us the door.
UPDATE 19072016: Court challenge to be heard in the High Court of England and Wales in October 2016.
The endless scamming of NGOs seems to be a plague on the World, but the Federal Government of India is resisting claims from an NGO, I understand it to be the All India Human Rights and Social Justice Front (but what’s in a name?*),that it should seek to obtain the Koh-i-Noor diamond from Her Britannic Majesty.
Ownership of the famous gem is an emotional issue for many Indians, who believe it was stolen by the British.
However, the solicitor-general said was “neither stolen nor forcibly taken”.
Ranjit Kumar said the 105-carat diamond had been “gifted” to the East India company by the former rulers of Punjab in 1849.
The case is being heard by the Supreme Court after an Indian NGO filed a petition asking the court to direct the Indian government to bring back the diamond.
Oddly, despite its secession from India at independence, a lawyer in Pakistan has claimed the Koh-i-Noor for Pakistan, presumably on the basis that it was the property of a ruler of the Punjab.
The Pakistani petition, lodged with a court in Lahore by Javed Iqbal Jaffry, names Queen Elizabeth II as a respondent.
“Grabbing and snatching it was a private, illegal act which is justified by no law,” he told Reuters.
He is quoted as saying that he has written 786 letters to the Queen and Pakistani officials about it.
Thankfully, most of Mr Jaffry’s fellow citizens do not seem to share his enthusiasm. And a cheer for them too.
There has never been a popular debate or campaign to get the Koh-i-Noor diamond returned in Pakistan, our correspondent adds.
Now will India’s sensible example be enough for Greece to shut up about the Elgin Marbles? After all, they named a whole musical film after the place, and yet they complain about Macedonia daring to speak its own name.
* This group appears to have some form in litigation, without it being immediately clear that Human Rights were foremost in their consideration, trying to get a Bangladeshi lady kicked out of India.
The bench was hearing the appeal filed by NGO ‘All India Human Rights and Social Justice Front’ seeking cancellation of Nasreen’s visa alleging that she has been violating the Foreigners Order of 1948 and the Foreigners Act of 1946 by airing her views on every issue without prior permission.
UPDATE: as Tim’ points out, it appears that another element of the Indian government seeks to maintain the claim, despite the concession made by the Right Honourable and learned Solicitor General in open court. So perhaps the attitude of those bothered is to maintain the ‘learned grudge’ that we find in Greece, Argentina and other delightful places.
Joris Luyendijk is actually Dutch but honorary knighthoods can be conferred on foreigners who “have made an important contribution to relations between their country and Britain”. I think he qualifies. He writes,
Yes, we would strangle or crush the English in the post-Brexit negotiations, the way any group of nations comprising 450 million people would to an opponent eight times smaller who has just tried to blackmail them
This is why the best way forward for Europe is to threaten to hit the English as hard as we can. We must stop treating membership of the EU as a favour granted by England, and instead make the English feel their vulnerability and dependence.
The late regicide and Lord Protector was dug up after the Restoration, along with some others, for a posthumous ‘execution’. Well perhaps it will be time again to dig him up and restore him as the Lord Protector, should Prince Charles succeed to the Throne.
The Heir to the Throne has weighed in on Syria, echoing Charlotte Church’s comments on Climate Change being a driver of the conflict.
“We’re seeing a classic case of not dealing with the problem because, it sounds awful to say, but some of us were saying 20 something years ago that if we didn’t tackle these issues you would see ever greater conflict over scarce resources and ever greater difficulties over drought, and the accumulating effect of climate change, which means that people have to move.
We’re now facing a real possibility of nature’s bank going bust
“And there’s very good evidence indeed that one of the major reasons for this horror in Syria, funnily enough, was a drought that lasted for about five or six years, which meant that huge numbers of people in the end had to leave the land.”
Asked if there was a direct link between climate change, conflict and terrorism, he added: “It’s only in the last few years that the Pentagon have actually started to pay attention to this.
Quite, and who has been running the Pentagon in the last few years, and what was it that happened in Hama in 1982?
For me, it is not the stating of views but the sheer smug partisanship that makes it difficult to see the worth of a Monarch when accidents of history give us the prospect of this person as a King, even though he would almost certainly be a powerless cypher, like President Kallinin, who, weeping with grief and powerlessness, signed the papers to send his wife to the GULAG as Stalin looked on.
Perhaps the Queen’s sense of duty, and memories of the Abdication Crisis and her father’s unexpected and reportedly unwelcome advancement have given her a fear of openly meddling in politics that perhaps her son lacks. The pantomime horse of a Corbyn Prime Minister to a King Charles III (albeit I would hope that the PoW takes a more auspicious regal name, such as Cnut) might well lead to matters coming to a head.
[This is the text of a talk I gave on 20 March to the 6/20 Club in London. This is the final part. Part IV is here.]
Could the outcome provide a clue? Four monarchies: Germany, Austria, Russia and Turkey were swept away by the First World War.
When I say monarchy I am not talking about the wishy-washy monarchy we pretend to have in the UK. I am talking about real monarchies, monarchies red in tooth and claw, monarchies that can at minimum hire and fire ministers and start wars.
Now, I can almost hear the pedants shouting “But those are precisely the powers the Queen has” To which I say “Only in theory”. Should the Queen or any of her successors ever attempt to actually exercise those theoretical powers they would be out of office in a matter of nano-seconds. Britain is a republic.
When did it become one? I think we can be pretty precise with the dates: sometime between 1642 and 1694. 1642 is the date of the outbreak of the English Civil War, when Charles I tried to impose his idea of absolute monarchy. 1694 is the date William III accepted that his powers were extremely limited. Since then it has been Parliament that makes the laws and votes funding – without which making war becomes extremely difficult.
But think of what happened in that period: four civil wars, one military dictatorship and a foreign invasion.
You think that was bad? Try the French. Between 1789 and 1871 they saw four monarchies, three republics, three foreign invasions and a 20-year war with the rest of Europe.
And now look at what happened in the 20th century. Germany, Russia, Austria-Hungary, China, Turkey, Spain and Portugal all made the same transition from monarchy to republic. I need not dwell on the German or Russian experiences – they are well enough known but all the others follow a similar pattern. China saw a 20-year civil war followed by Mao’s communist regime; Spain, a monarchy, followed by a republic followed by a civil war followed by a dictatorship followed by a monarchy followed by a democratic republic. Even Portugal saw two revolutions, a dictatorship and a series of bloody colonial wars.
The point is that in every case the transition from monarchy to republic is bloody and protracted.
If there is an exception to the rule it is Japan. Japan is odd because in the middle of the 19th Century it had two monarchies. The one we know about – which was as powerless then as it is now – and the Tokugawa Shogunate. The downfall of the Shogun was remarkably swift and afterwards, as I understand it, Japan was pretty stable up until the 1920s. That’s about 40 years. But assuming Japan is an outlier and we have a pattern, then why the bloodshed?
My guess is that once a monarchy looks vulnerable and anachronistic thoughts turn to a future blank slate. This blank slate is an invitation for idealistic, Utopian and statist ideas to fill the vacuum. And so they do. Even England got the Puritans (and, I might add, the Levellers).
This process was in full swing well before the First World War broke out. The Revolution of 1905 had forced the Tsar to call a parliament. The largest party in the Reichstag, the German Parliament, was the Socialists.
There were two basic majoritarian ideas knocking about Europe at the time: socialism and nationalism. Monarchs can’t do much with socialism but it is just possible for them to embrace nationalism (unless they’re Austrian, that is). And so we see Europe from about 1890 on divide on nationalist lines. Russia and Germany started to become hostile. German politicians began to talk of a coming racial struggle.
This put Austria in a bind.
When he was single there was a time when Franz Ferdinand would regularly visit an eligible duchess. The assumption was that he was courting her and that the two would eventually marry. Not so. He was courting Sophie Chotek one of her ladies in waiting. Sophie was from a noble family herself but just not noble enough. The emperor was furious when he heard that the two wanted to marry.
In English we have a rarely used word, morganatic. So rarely-used is it that I have only ever heard it used in one context. This one. It means that in a marriage one of the partners and the children and not allowed to benefit from any of the privileges of the other partner. Franz Ferdinand and Sophie had a “morganatic marriage”. The children were not allowed to inherit Franz Ferdinand’s titles or status. They could not become Emperor or Empress. On state occasions Sophie could not accompany her husband. One of the reasons the couple loved England so much – their last trip was in 1913 – was that Sophie was granted the same status as her husband. One of the reasons Sophie was in Sarajevo on the fateful day was because it was one of the rare occasions on which she could accompany him. It was also their wedding anniversary.
I have often wondered about the significance of this. Why was the Emperor so furious about Franz Ferdinand marrying beneath him? I think the reason is that Austria-Hungary being a multi-national state could not embrace nationalism. The only unifying factor was the monarchy and so everything had to be done to preserve the mystique and uniqueness of the institution. As the Emperor might have seen it when royals start marrying lowly nobles pretty soon you give the impression anyone could do the job. Bye bye monarchy, bye bye empire.
Ultimately, no one is to blame for the First World War as such. The First World War is principally a chapter in the story of central Europe’s transition from monarchy to republic. As such the principal actors were subject to forces that were way beyond their ability – or indeed anyone’s ability – to control. Although, this does not entirely absolve them of blame it absolves them of a lot.
Over the last few days (this is 1914 we’re talking about just in case anyone was in any doubt) a large number of articles have appeared in the German press on the threat posed by Russia. And still they come:
There is, if anything, an increase to-day in the Press discussion of present and future and possible and probable Russo-German relations. The Berlin Bourse, which was troubled last week by the beginning of the campaign in the Cologne Gazette, was disturbed again to-day – chiefly by the spreading of the infection to the Radical and “pacific” Berliner Tageblatt. This journal published this morning an anonymous article by somebody who is described as distinguished and experienced in all branches of international politics, which, without indeed advocating war, advocates the adoption of a very firm policy towards Russia.
This is co-ordinated and there’s only one body that would be doing the co-ordination: the German government. They are preparing the population for war. The argument being used is precisely the argument being used in the corridors of power: the Russians are building up their forces and in a few years they will be too strong and it will be too late. In other words: it’s now or never.
The Times 10 March 1914 p5
It is not just the Russians the Germans are worried about. The Russians on their own would be fairly harmless (as indeed they proved to be) but they are in alliance with France. This leads to Germany’s worst nightmare: the prospect of a war on two fronts. This in turn leads to the development of the Schlieffen Plan with its aim to eliminate one of those fronts before the other one got going.
There is an alternative. Germany could return Alsace-Lorraine to France. At a stroke they would eliminate the one and only bone of contention in the Franco-German relationship and as a consequence break up the Franco-Russian alliance. But no.
There are good reasons why the German government isn’t so keen on such a move. By accepting self-determination in Alsace-Lorraine they would be accepting the principle of democracy. This is hardly the sort of thing that a monarchy can do. There would also be the element of losing face that weak regimes are very reluctant to do.
As I mentioned earlier the claim is that Germany must go to war soon or else it will be too late. The odd thing is that they were even wrong about this. The Russians were utterly incompetent in the First World War and there is no reason to think they would have fought much better even after their arms build up.
What is interesting is that even the Socialists appear to be unnerved by the Russian threat. This might explain why after the war broke out and despite the fact they had been left out of the loop, they were so willing to vote the government the funds to carry on the war.
To-day the Pan-German Press is advocating German claims of all sorts, especially in Asia Minor, “which is still to be had, but only if Germany does not shrink from the extreme test and is ready to risk war against Russia and France as well as England.”
This is fascinating. They have clearly made up their minds that if war means war with England then so be it. It is suicidal but that’s the point the German High Command has reached in 1914.
It was Fritz Fischer, writing in the 1950s who claimed that the outbreak of war in 1914 was no accident. He traced it back to what has become known as the War Council of December 1912. From there, Germany abandoned the naval arms race with Britain so that it could build up its army. Shortly afterwards it launched this campaign. Everything is ready. Now all they need is a pretext.
There is also the claim that the Russians are running riot in the Balkans:
The writer insists that “pretences” shall be dropped and that both Berlin and Vienna shall recognize that they have step by step been retreating before Russian pretensions with lamentable results.
This is absolute nonsense. The people who are winning are the Austrians. They have annexed Bosnia, created the state of Albania to deny the Serbs a port, faced the Russians down in the mobilisations of 1912 and made an ally of the Bulgarians – a country hitherto in the Russian sphere. Meanwhile, a German, Liman von Sanders, has more or less been put in charge of the Turkish army, completely putting the kibosh on (the admittedly somewhat far-fetched) Russian ambitions to control the Bosphorus.
Incidentally, it is one of the claims of Christopher Clark’s book The Sleepwalkers (p330) that the German government did not embark on a campaign to ready its people for war. This, he felt, showed that the so-called War Council was not quite as decisive as others have claimed. What this article (and others) show is that this claim is nonsense.
NickM has a nice piece up today at Cats about a website called Kim Jong-il looking at things. He picks out a picture of Kim looking at some fruit:
What fascinates me about that image in particular is that whilst the side of the fruit stand facing Kim is laden with produce the side facing us looks a bit sparse. The Russians might have had Potemkin villages but it takes the true Juche lunacy of North Korea to have created the Potemkin fruit stand.
What fascinates me about these pictures is what often fascinates me about Potemkinity of all kinds, which is how it so often achieves the opposite of the desired effect. It presents what its presenters, now themselves probably living quite close to starvation (never mind all the regular people of this wretched country), imagine to be a miracle. But when the rest of us, out here in non-Kim world, look at their sad little picture, we merely shrug and note that capitalism of the most feeble and emaciated sort can do that with one arm tied behind its back, on a wet Thursday morning in an economically depressed inner suburb of a city that has been in relative decline for a century. We look at it, and we say: is that the best you can do?
For me, the obvious thing about Kim’s faked up fruit stand is that there is so very little fruit on it, compared to what there is room for. My local market, just the other side of Vauxhall Bridge Road from me, is a cornucopia by comparison.
One of the more attractive elements of the Libertarian Alliance conferences is the enjoyable lunches, often served by attractive totty from Eastern Europe. After second-guessing the blackmailed royal, our conversation veered towards the compulsory testing of genetic material on the part of individuals.
After all, they are the Royal Family and if we are to be subjects, I do want to be sure that they are descended from the Queen. Without indulging in tittle-tattle on the unorthodox descent of facial features in the Windsor opera, we do have a right to ensure that the line remains pure. My own take was that this would involve a minor amendment to the Act of Settlement, alongside the abolition of the papist prohibition.
This does beg the question of how far back we should go if the present line proves to be a collection of interlopers and carpetbaggers descended from a priapic Keeper of the Privy Purse. My personal preference is for Alfred and a clear line of descent from Wessex and the Heptarchy. I would go back to Cunobelin if I could. Others prefer the continental certainties of the Normans.
Ensuring the demand that the heir to the throne is a lineal descendant of their father or mother seems a useful task for our new technologies.
Signs of technical advancement from Britain’s own constitutional monarchy.
The Christmas season often brings forth stories that act as an ‘Indian summer’ for the silly season, reminding us of warm August evenings, listening to the closing overs of a test (rain permitting), and a time when you can sit outside a pub drinking Ordinary in any London green. Summer nostalgia aside, this year’s theme revolves around name changes.
In Manhattan, Jorge Luis Espinal sent a reporter to new heights of expression with his legal petition for the Second Coming:
A Manhattan man’s holiday spirits soared to celestial heights today when a judge gave him permission to change his name to Jesus Christ.
Jose Luis Espinal, 42, said he was “happy” and “grateful” that the judge approved the change, effective immediately.
Espinal said he was moved to seek the name change about a year ago when it dawned on him: “I am the person that is that name.”
The article provides some further information on the legal framework governing legal name changes. You can be a name but not a number in South Dakota. You can be Jesus Christ so long as your intention is not to defraud others by your actions or avoid an obligation. Jose has more chance of changing his name than a convicted conman, or possibly, a politician such as Tony Blair, if the latter wished to change his name to that of the Christian Messiah.
The judge said she held a hearing in which Espinal, who also uses the last name Tejeda, testified. She said he was aware of the “common law right to assume another name without legal proceedings so long as the change is not made to deceive or perpetrate a fraud or to avoid an obligation” but wanted to go the formal route anyway.
The judge said Espinal’s “reasons were primarily those applicable to his own private religious beliefs and he stated no desire to use his proposed name to secure publicity, to proselytise, to fund-raise or advise others that he had been cloaked by the courts or government with a religious authority”.
Jose’s example has been followed by that closet nominalist Prince Charles who is reported to be seeking coronation as King George VII. Changing the name of the Prince or Princess on accession to the throne is quite common and the Royal Family supposedly views the name Charles as jinxed, due to associations with decapitating Puritans and rebellious Jacobite pretenders.
Patrick Cracroft-Brennan, a genealogist from Cracroft’s Peerage, said: “There has been a tradition over the last century for the regnal title to be different to the christian name. The change would make sense.
“Monarchs called Charles have not had much luck. One was beheaded, one was in exile, and one was a pretender to the throne.
While the Prince of Wales is known throughout the world as Charles, there is enormous goodwill to the name George. George VI was an outstanding and popular king who took over in the aftermath of the abdication crisis and rallied his people during World War II, Mr Cracroft-Brennan said.
“King George and Queen Elizabeth the Queen Mother were wonderful. I think George VII and Queen Camilla sound wonderful, too.”
A swift name-change to airbrush the excesses and eccentricities of unfortunate heirs seems all too common with the Hanoverians. If our heir to the throne will adopt a name off Rainbow, surely Zippy or the more accurate Bungle would prove just as gracious and popular.