Ironies of Ironies (Three)
The (Rt Hon. the) Lord Tebbit
House of Lords
LONDON
SW1A 0PW
Dear Lord Tebbit
Today I have witnessed, a most shameful, disgraceful and contemptible farce in the House of Commons, I am of course writing about the debate of Prevention of Terrorism Bill.
My understanding, is that our elected representatives, have not been given the time to debate proposed government amendments and have been duped into abrogating their primary responsibility of scrutinising the Bill to your Lordships House.
May I therefore draw to your attention to section 11 of the Human Rights Act 1998. Safeguard for existing human rights. Section 11 states: A person's reliance on a Convention right does not restrict-any other right or freedom conferred on him by or under any law having effect in any part of the United Kingdom;
May I respectfully remind you that Magna Carta is still a statute in force and it states:
"NO FREEMAN shall be arrested or detained in prison or deprived of his or outlawed or exiled or in any way molested . . . except by the judgement of his peers."
The Prevention of Terrorism Bill in order to go through Parliament must expressly repeal the relevant section of Magna Carta otherwise, according to the precedent set by Lord Justice Laws' Judgement at the Supreme Court of Judicature (Queen's Bench Division) February 18th 2002, will stand.
If there is no repeal, then no-one can be held or imprisoned without an appearance before a court. Magna Carta (a 'constitutional statute' cannot be repealed by the Prevention of Terrorism Bill, an 'ordinary' statute).
the Judgement and I paraphrase but, in essence...
In the present state of its maturity, the common law has come to recognise that there exist rights which should properly be classified as constitutional or fundamental.…….The special status of constitutional statutes follows the special status of constitutional rights. Examples are the Magna Carta, the Bill of Rights 1689, Human rights Act 1998……Ordinary statutes may be impliedly repealed. Constitutional statutes may not. For the repeal of a constitutional Act or the abrogation of a fundamental right to be effected by statute, the court would apply this test:….
Of course there is an IRONY here, the Great Charter was not an Act of Parliament that can be repealed by a subsequent parliament. It was a contract in perpetuity between the sovereign and the people, which Parliament cannot undo.
I hope the above is of assistance but if you dont read this tonight, there is a copy in the post
Yours sincerely
Anoneumouse
House of Lords
LONDON
SW1A 0PW
Dear Lord Tebbit
Today I have witnessed, a most shameful, disgraceful and contemptible farce in the House of Commons, I am of course writing about the debate of Prevention of Terrorism Bill.
My understanding, is that our elected representatives, have not been given the time to debate proposed government amendments and have been duped into abrogating their primary responsibility of scrutinising the Bill to your Lordships House.
May I therefore draw to your attention to section 11 of the Human Rights Act 1998. Safeguard for existing human rights. Section 11 states: A person's reliance on a Convention right does not restrict-any other right or freedom conferred on him by or under any law having effect in any part of the United Kingdom;
May I respectfully remind you that Magna Carta is still a statute in force and it states:
"NO FREEMAN shall be arrested or detained in prison or deprived of his or outlawed or exiled or in any way molested . . . except by the judgement of his peers."
The Prevention of Terrorism Bill in order to go through Parliament must expressly repeal the relevant section of Magna Carta otherwise, according to the precedent set by Lord Justice Laws' Judgement at the Supreme Court of Judicature (Queen's Bench Division) February 18th 2002, will stand.
If there is no repeal, then no-one can be held or imprisoned without an appearance before a court. Magna Carta (a 'constitutional statute' cannot be repealed by the Prevention of Terrorism Bill, an 'ordinary' statute).
the Judgement and I paraphrase but, in essence...
In the present state of its maturity, the common law has come to recognise that there exist rights which should properly be classified as constitutional or fundamental.…….The special status of constitutional statutes follows the special status of constitutional rights. Examples are the Magna Carta, the Bill of Rights 1689, Human rights Act 1998……Ordinary statutes may be impliedly repealed. Constitutional statutes may not. For the repeal of a constitutional Act or the abrogation of a fundamental right to be effected by statute, the court would apply this test:….
Of course there is an IRONY here, the Great Charter was not an Act of Parliament that can be repealed by a subsequent parliament. It was a contract in perpetuity between the sovereign and the people, which Parliament cannot undo.
I hope the above is of assistance but if you dont read this tonight, there is a copy in the post
Yours sincerely
Anoneumouse
posted by Anoneumouse at 9:57 pm
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