I understand the Rubicon to the European Union was crossed at the 1975 referendum.
Everything since then – Schengen, the Euro, the principles of the single market and freedom of movement has just been putting the bits of the jigsaw in place.
Is it constitutionally possible to leave the Europe Union?
Law is an extremely messy but actually successful evolutionary attempt to codify relationships . Specialist areas have codified solutions, and sometimes these specialisms conflict with each other. There are general rules to attempt to resolve those conflicts.
I understand the rules of natural justice and unchr are good examples of the basic rules.
Part of the problem is that treaty law has become redundant in the eu as it is all eu domestic law. The balance tipped a long time ago :-). Arguments about derived rights are thus also redundant.
I understand ideas like subsidiarity to be legal fictions to pretend the status quo of the nation state still exists, but this is directly contradicted by my passport stating it is a European Union passport issued by my local administrative body, although it is misleading by using a bigger font and having some jargon about her britanic majesty.
I wish therefore to go to court for a judgement that I am an eu citizen and that cannot be revoked unless I carry out unlawful actions.
Several years ago I came across a fascinating legal concept – the flying freehold.
It seems all Anglican churches must be freehold tenures. All tenancies are given by the crown and freehold tenancy means it is held without an end date, although there are various rights to go under over or at the edges of or to take stuff to and fro, or to compulsory purchase.
What a flying freehold does was to allow a church to be on a first floor of a building and the freehold of the land to be achieved by it touching land via supporting beams.
My point is citizenship does not need to be tied to something physically, and if it does the link can be very tenuous.
I wish to extend this idea, using the legal concept of Roman citizenship.
My passport states European Union on it.
I take that to mean I am a citizen of the European Union.
I have experience of the law of group structures, that I understand means the head of a group actually has the power to set the rules for the group.
There is also UN and European law about human rights.
I am unclear that a member of a group structure has the power to remove my personal membership (citizenship) of the whole group, and the responsibilities afforded me, like my right to vote.
I do not see that in law my European citizenship is in fact tied to my being a UK citizen, and therefore think I can claim residency of Europe, similarly to Roman citizenship not being tied to a bit of the Roman Empire.
My point about flying freeholds and similar legal issues about travellers, boat dwellers and others with no fixed abode, is that similar methods may be used to allow citizens to remain European citizens even if the specific bit of land they occupy may not be.
I see no reason why federal and similar ideas, city states, should not be developed.
Why should there not be a sixteen million, plus those who regret voting leave, class action to keep European Citizenship?
Ways around this are federal structures as in Switzerland . This does mean the break up of the uk into regions within Europe , which is actually what subsidiarity is about