Constitutional Crisis?
Firstly, let me say this: The United Kingdom has a Constitution. However much people say that we don't, we do. Part of this constitution is contained in Magna Carta. Now, we've all heard of Magna Carta, and those of us that live in England have all been told about it in our history lessons, but here is an interesting fact:
Magna Carta is still law.
Yes, after all these centuries, the original Constitution is still, technically, in force. Now, what does this mean, and why am I bringing it up now? Well, contained within Magna Carta is a very important article. Article 39 states (in translation) that:
"No freemen shall be taken or imprisoned or disseised [deprived of property] or exiled or in any way destroyed, nor will we go upon him nor send upon him, except by the lawful judgment of his peers or by the law of the land."
This is key. At this point in time, we are all "freemen". However, due to the ignorance of Magna Carta, this article, which guarantees our right not to be imprisoned without trial, is being ignored by Her Majesty's Government.
In their various rushed-through, quasi-totalitarian anti-terror legislation, the Labour Government have made provisions for people to be imprisoned without trial. To me, this seems unconstitutional. In fact, this is unconstitutional.
It isn't the first breach (or attempted breach) of the Constitution that Labour has made. Their "Legislative and Regulatory Reform Bill" nearly destroyed Democracy in this country (see the "Save Parliament" button on the sidebar for more details). What surprises me is that very few people noticed, or even cared. However, while that may be a breach of Constitutional Convention, this is a breach of codified law. As such, can someone with legal knowledge tell me whether we can take her Majesty's Government to court for breaching the Constitution?
Magna Carta is still law.
Yes, after all these centuries, the original Constitution is still, technically, in force. Now, what does this mean, and why am I bringing it up now? Well, contained within Magna Carta is a very important article. Article 39 states (in translation) that:
"No freemen shall be taken or imprisoned or disseised [deprived of property] or exiled or in any way destroyed, nor will we go upon him nor send upon him, except by the lawful judgment of his peers or by the law of the land."
This is key. At this point in time, we are all "freemen". However, due to the ignorance of Magna Carta, this article, which guarantees our right not to be imprisoned without trial, is being ignored by Her Majesty's Government.
In their various rushed-through, quasi-totalitarian anti-terror legislation, the Labour Government have made provisions for people to be imprisoned without trial. To me, this seems unconstitutional. In fact, this is unconstitutional.
It isn't the first breach (or attempted breach) of the Constitution that Labour has made. Their "Legislative and Regulatory Reform Bill" nearly destroyed Democracy in this country (see the "Save Parliament" button on the sidebar for more details). What surprises me is that very few people noticed, or even cared. However, while that may be a breach of Constitutional Convention, this is a breach of codified law. As such, can someone with legal knowledge tell me whether we can take her Majesty's Government to court for breaching the Constitution?
posted by CJM | 4:34 PM
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