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#11 (permalink) |
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Senior Member
Join Date: Jan 2008
Location: Ross-shire Highlands SCOTLAND
Posts: 585
Party: Other
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WARNING: By reading or downloading this post you may be committing an offence under some or all of these Terrorism Acts. http://www.homeoffice.gov.uk/securit...m-and-the-law/ EU = Ein Volk ~ Ein Reich. |
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#12 (permalink) |
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Moderator
Join Date: Dec 2004
Location: Oxonia
Posts: 3,249
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Highland FP,
How does this become a blow for me? I am delighted that Mr Wheeler, with proper lawyers and proper legal advice, using modern laws, succeeded in his application to seek judicial review. I thought he might have difficulty proving he had the right, since locus standi in JR cases is important and you have to prove that you are affected by the decision you seek to challenge. What I object to is the morons, who are attracted to the Eurosceptic movement, who think that because they've read a couple of old law books they know the law and that they have stumbled across something that the 33,000 practising lawyers have missed. I asked twizzel and others to prove that s5 Treason Act 1695 had been repealed, they couldn't because it hasn't. That is the law that says that treason has to be prosecuted within 3 years of the event complained of. twizzel and others also failed to demonstrate either mens rea or actus reus of the offence of treason and have wasted a lot of good people's time and effort. Other idiots rabbit on about misprision of treason, even though misprision of all felonies was abolished in 1967. The difference between Stuart Wheeler and the 'treason' crowd is he did what I advocated in several posts - he got money from various sources (150 x £1000), so that he could fund the case, he employed lawyers and got counsel's opinion and he used up to date laws to make his point. He also applied in the right courts and didn't go asking desk sergeants in police stations to do the Attorney General's job. I am delighted as the success vindicates the position I would always recommend. I think it is a bit of a joke that you call me a traitor, at least I got a medal, from the Queen, in the war against terrorism. Just because you don't understand where I am coming from doesn't make me a traitor, it makes you a little bit thick, IMHO. I don't think you really understand my posts, what with the big words and all that.
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When in Woking do as the Wokes do. "I do not wish to form my opinions by thoughtlessly quoting others; I wish others to support their opinions by sensibly quoting me." Paul Wesson (Aardvark) 13th April 2008 Last edited by Aardvark; 04-05-2008 at 08:28 AM. |
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#13 (permalink) |
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Uber Member
Join Date: Dec 2006
Posts: 2,298
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______________________________________
On a different tack, the BNP is questioning the motives for a Judicial Review. One of their philosophers has written: "Why? Because our constitution prevents anyone from giving away our freedom. And one generation making a decision that would enslave the next is certainly not acceptable. In other words each and every one of the EU Treaties is by British Law illegal. The problem is that the Courts no longer obey Laws that the establishment find inconvenient." See: The British National Party News | LISBON TREATY LITIGATION Clearly he has difficulty in perceiving the difference between properly consulting voters about a particular issue and the actions taken by Parliament in respect of those issues. _____________________________________________ |
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#14 (permalink) |
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Moderator
Join Date: Dec 2004
Location: Oxonia
Posts: 3,249
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BNP philosophers???????? One of?????????????????
Where does it say in our 'constitution' that Parliament is not allowed to give away our freedom? We don't have a written constitution that defines the limits of what our Parliament can do. We have a body of constitutional laws, amended and varied over the centuries, and some unwritten conventions. This typifies the point I was making. For BNP 'philosopher' read person with no formal qualifications in philosophy and quite possibly no qualifications in anything. Someone who hasn't read any law books is pronouncing on our constitutional law. The courts follow legal processes and pronounce on them as required. The judges , arguably, interpret laws as they see fit. A very good summation of the arguments can be found at: Law reform role of judges - declaratory theory For a 'philosopher' to state, without authority, that 'the courts no longer obey laws that the establishment find inconvenient' is as unacceptable as binding people in perpetuity, which, since Parliament is sovereign, is not the constitutional position (Parliamentary sovereignty - Wikipedia, the free encyclopedia). cassie, I would ask the 'philosopher' to cite a clear case of a judge not obeying the law because it was inconvenient to the establishment. The judiciary are very powerful and might interpret law as they see fit, but it is not unlawful for them to do so. The establishment loses a lot more often than people think and on more than one occasion Parliament or ministers have had to seek amending legislation that reverses a court's decision.
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When in Woking do as the Wokes do. "I do not wish to form my opinions by thoughtlessly quoting others; I wish others to support their opinions by sensibly quoting me." Paul Wesson (Aardvark) 13th April 2008 |
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#15 (permalink) |
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Junior Member
Join Date: Mar 2008
Posts: 70
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great news for mr Wheeler and for every one who wants a real democracy its a sham that hes had to go to the high Court to fight this diabolical plan of stoping us having that referendum.i quote (its not a constitution its a treaty) and then i quote once agen when brown could no longer play it down( its a constitutional treaty not a constitution)
well i dont know about you but with any thing with constitution in it is kind a dead give away, why dose he think people are that dumb.i know people are sheep like but that takes the p..s i did not think mr wheeler would get the hearing but my Confidence in this is growing now but like mr wheeler says its going to be a uphill struggle so. i am going to take it as it comes and try not to get my hopes up to much becouse of the corruption in government and the Courts.
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William Pitt the younger “Unlimited power is apt to corrupt the minds of those who possess it; and this I know, my lords, that where laws end, tyranny begins” |
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#17 (permalink) |
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Moderator
Join Date: Dec 2004
Location: Oxonia
Posts: 3,249
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Right now, nothing. This is being done professionally and correctly. Mr Wheeler's legal team, expensive experts in the appropriate field, are preparing the case for the hearing. By asking for £1000 per contributor Mr Wheeler has avoided one pitfall of class actions - running the accounts. I am impressed by the way he is acting. It is a lesson to us all.
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When in Woking do as the Wokes do. "I do not wish to form my opinions by thoughtlessly quoting others; I wish others to support their opinions by sensibly quoting me." Paul Wesson (Aardvark) 13th April 2008 |
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#19 (permalink) |
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Member
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It is good news, I'm not getting my hopes up, but what an excellent day for democracy it could be if he wins the case.
I am happy to help in any way I can.
__________________
Earthling's Blog Don't let EU rule Britannia! Vote UKIP and say NO to Brussels Bureaucracy. |
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#20 (permalink) |
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Uber Member
Join Date: Oct 2004
Posts: 4,674
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According to today's Western Morning News the Government has hired one of Britain's most expensive QCs to fight it's case against holding a Referendum on the Lisbon Treaty! Jonathan Sumption QC will be lead Barrister the the Government as it fights the High Court action brought about by Stuart Wheeler!
So the Government is using our money to fight their case! A bit like your enemy having to pay for your weapons! |
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