Parking, another Bill of Rights Challenge

This time it has been submitted by a solicitor, Frank Rayner.

Read the full Skeleton Argument at Neil Herrons blog Here




Using the principle of Pepper v. Hart, which allows us to refer to what was said in Parliament to determine what the intention of Parliament was, we can determine what the original contract between crown and people is;

"The Rights of the people had been confirmed by early Kings both before and after the Norman line began. Accordingly, the people have always had the same title to their liberties and properties that England's Kings have unto their Crowns. The several Charters of the people's rights, most particularly Magna Carta, were not grants from the King, but recognition's by the King of rights that have been reserved or that appertained unto us by common law and immemorial custom."
(Sir Robert Howard, a member of the Committee's which drafted the Bill of Rights).

Confirmatio cartarum [25 Edw. I]
[29] No Freeman shall be taken, or imprisoned, or be disseised of his Freehold, or Liberties, or free Customs, or be outlawed, or exiled, or any otherwise destroyed; nor will we pass upon him, nor condemn him, but by lawful Judgment of his Peers, or by due process of law. We will sell to no man, we will not deny or defer to any man either Justice or Right.
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