4 weeks ago
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3 Responses to “Support for David Noakes & Lynda Thyer”
Yes i do have an opinion and that opinion is that the common law court should be the highest court in the land as in uk we live under common law jurisdiction.
However the UK statutory courts have been power grabing and purporting to be the highest court based upon parliamentary supremacy/sovereignty since AV Dicey in 1888 (parliament can do anything it likes!). In 1966 there was a Practice Statement written that significanly weakened Judicial precedent and common law. However the QC Joanna Cherry MP tel.0131 600 0156 recently (circa 2015) said in the Commons said that Scots law didn’t recognise English Parliamentary sovereignty/supremacy.
However you saw what happened in Brexit the Supreme court just make it up to suit themselves. Nevertheless parliament is only sovereign by way of representatives MPs thus conferred-sovereignty, but real sovereignty is enshrined in the people….in my humble opinion mps have been abusing their power too long. What I think is required is a repatriation Of Parliamentary Sovereignty To English common law. Perhaps the common law court should make a power grab for getting the sovereignty back that John Pym nicked circa 1645 from King Charles I.
If they don’t recognise the common law court as being higher they probably wont recognise the habeas corpus order and will ride over it. Its dreadful situation and i wish i knew a way to help.
Perhaps there maybe an opportunity to exploitsomething under sec 3 1998 Human Rights Act that auto kicks in the European court that the uk courts have to consider as ECHR is higher than any UK court right now.
I join in the call for the Home Secretary to intervene in the unjust case of the deportation of lynn:thyer: Who has committed no crime in the UK or abroad and yet has been arrested on a bogus charge. If justice is to be seen to be done this innocent woman must be released without delay. This is an abuse of power and a solely political act.
The late [2010… lung cancer]Lord Tom Bingham is a name that might make their ears prick up. And the 9 ROL principles are worth knowing to claim rights and know where they might be coming from. Also links into euro law.
…….The Rule Of Law (ROL) is a principle of the Uk constitution. The late Lord Bingham created an eight item list that succinctly summarises the ROL.
1. The law must be accessible, clear & predictable.
2. Questions of legal rights should be resolved by the law and not the exercise of discretion.
3. The law should apply equally to all, except where objective differences justify differentiation.
4. Ministers must act within their powers and not exceed their limits.
5. The law must afford adequate protection of fundamental human rights.
6. The law should provide access to justice, especially where people cannot resolve inter-personal disputes themselves.
7. Courts and tribunal processes should be fair.
8. The state should comply with international law.
Its interesting to note that the ROL is too a principle like Parliamentary sovereignty they are not aws. Sovereignty can be seen as both political and legal. The political element being the people whilst the legal element is the legislature. The power of each element of sovereignty is demonstrated when Prime Minister Margaret Thatcher introduced the poll tax in UK. It was very unpopular and the people rejected it and was unenforceable by the legislature.
However according to AV Dicey, Parliamentary can do whatever it likes. If so, could Parliament make a law that takes back Honk Kong into British sovereignty if the HK people demanded?
If EU parliament is supreme over UK could EU force UK to change the traditionally historic religion of the UK and stop Scots making whisky?
One might wonder why it took from 1066-2005 Constitutional Reform Act, that referred to the ROL, but no written definition could be found. Therefore the late Lord Bingham did not want to upset things so he kindly created a list defining the ROL before his passing in September 2010. Lord Bingham’s list of eight principles defining the ROL is GENERALLY ACCEPTED as the ROL for the British constitution.
The ROL appears to be in conflict with Parliamentary sovereignty. Perhaps one reason is because the law was established and accepted in 1066 long before parliament existed in 1295 some 80 years after the 1215 Magna Carta.
What do you think?
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