British Democracy Forum - View Single Post - Bill of Rights 1688/9 out of date excepting when it suits government

aarable · 23-03-2008, 07:34 PM

It's interesting that government lawyers on behalf of The Commons Speaker, Michael Martin, depend upon “parliamentary privilege” granted by the Bill of Rights 1688/9 to stop the publication of a Home Office report on ID cards, when it was argued that Parliamentary committee discussions should be made available under freedom of information legislation.

Yet when the Bill of Rights is quoted “That all grants and promises of fines and forfeitures of particular persons before conviction are illegal and void” in defence of parking fines levied without conviction, then it (the Bill of Rights) is ruled (by National Parking Adjudication Service – NPAS in the case of Barnby v NPAS) as being made for another era and dismissed; withCaroline Shepard, Chief NPAS adjudicator writing in Parking News issue 224, July 2006: “The Bill of Rights must be read in a contemporary light ………”

Similarly we have seen all governments from Heath to Blair and Brown ignoring the Bill of Rights when it comes to handing powers to foreign jurisdictions (the European Union for instance): “….. no foreign prince or person prelate state or potentate hath or ought to have any jurisdiction power supremacy pre-eminence or authority ecclesiastical or spiritual within this realm”.

So we now have a government that makes up the rules and bends the law to suit the particular set of circumstances it faces. We saw the same thing over the Metric Martyrs case where a judge arbitrarily introduces a concept of hierarchy of laws (constitutional laws and ordinary laws) to allow a judgment to be made that suits the outcome that the EU prescribes and government appears to desire.

I wonder whether there has been any judgment that has been beneficial to challengers ofthe EU integration process and “ever closer union” I know of none.

Can we expect any 'beneficial' judgements from our courts, when the Lisbon Treaty (93 to 96% of the EU Constitution) has been be adopted and the European Court of Justice control our judicial ‘process’ with their prescribed “Corpus Juris”.

23-03-2008, 07:34 PM	#1 (permalink)
aarable Junior Member Join Date: Feb 2008 Posts: 69	Bill of Rights 1688/9 out of date excepting when it suits government It's interesting that government lawyers on behalf of The Commons Speaker, Michael Martin, depend upon *“parliamentary privilege”* granted by the Bill of Rights 1688/9 to stop the publication of a Home Office report on ID cards, when it was argued that Parliamentary committee discussions should be made available under freedom of information legislation. Yet when the Bill of Rights is quoted “*That all grants and promises of fines and forfeitures of particular persons before conviction are illegal and void”* in defence of parking fines levied without conviction, then it (the Bill of Rights) is ruled (by National Parking Adjudication Service – NPAS in the case of Barnby v NPAS) as being made for another era and dismissed; withCaroline Shepard, Chief NPAS adjudicator writing in Parking News issue 224, July 2006: “*The Bill of Rights must be read in a contemporary light ………”* Similarly we have seen all governments from Heath to Blair and Brown ignoring the Bill of Rights when it comes to handing powers to foreign jurisdictions (the European Union for instance): “*….. no foreign prince or person prelate state or potentate hath or ought to have any jurisdiction power supremacy pre-eminence or authority ecclesiastical or spiritual within this realm”.* So we now have a government that makes up the rules and bends the law to suit the particular set of circumstances it faces. We saw the same thing over the Metric Martyrs case where a judge arbitrarily introduces a concept of hierarchy of laws (constitutional laws and ordinary laws) to allow a judgment to be made that suits the outcome that the EU prescribes and government appears to desire. I wonder whether there has been any judgment that has been beneficial to challengers ofthe EU integration process and *“ever closer union”* I know of none. Can we expect any 'beneficial' judgements from our courts, when the Lisbon Treaty (93 to 96% of the EU Constitution) has been be adopted and the European Court of Justice control our judicial ‘process’ with their prescribed “Corpus Juris”. Last edited by aarable; 23-03-2008 at 07:37 PM.