Constitutional questions

"The Arrival of William III" by Sir James Thornhill. Original uploader was

Raymond Palmer at en.wikipedia - Transferred from en.wikipedia;

transferred to Commons by User:Magnus Manske using CommonsHelper.

(Original text : South Wall of the Painted Hall, Old Royal Naval College,

Greenwich [1]). Licensed under Public domain via Wikimedia Commons.

Email today from myself to Dr Andrew Blick, of the Constitution Society:

"Dear Dr Blick

Would you or anyone else from the Constitution Society be prepared to discuss the proposition that Britain's 1973 entry into the EEC was unconstitutional?

In particular, how do the 1689 Bill of Rights and the Monarch's Oath of Office bear on the issues?

(We leave aside for the moment the complications regarding the subsequent referendum of 1975, itself made questionable by the withholding from the public of intragovernmental legal and constitutional advice, and partisan misrepresentations to the public by the then Government, news media and other parties.)

Was our entry into the EEC in 1973 not ultra vires?

The debate must surely be more urgent as we face the consolidation of power in the EU by the introduction of majority voting in November.

Is there anybody who can provide authoritative comment?

P.S. Further, is it not the case that Magna Carta's significance since 1689 is purely symbolic, without any legal force whatever? King John may have agreed to bind "our heirs in perpetuity" (Clause 1 re the English Church), but did not the Revolution put the monarchy on an entirely new basis? MC may be our Pole Star, but not our pilot."

Dr Blick is on holiday, but I hope for a reply.


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Magna Carta - the tree of freedom is plucked bare

Images adapted from: BBC, Saga's Cottage

 

We think of Magna Carta as a bulwark of English liberty against arbitrary State authority, and it was seen as that at the time:

 

From a list of inscriptions found in Tewkesbury Abbey:

 

309. In the Presbytery (the second brass from the south).
 

(Clare chevrons) Gilbertus de
Clare nomine primus

comes Glocestrie 6s et Hertfordie
5s Obijt 25o Octobris Anno dni 1230.
(pen) Magna carta et lex
caveat deinde rex (scroll).

 

Translation:

 

Gilbert de Clare, the first of that name, 6th Earl of Gloucester and 5th of Hertford, died 25th October A. D. 1230. Magna Carta and law, let the King henceforth beware.

 

That same inscription was quoted by Stanley Baldwin less than 80 years ago:

 

" "Magna Carta is the Law: Let the King look out."

So it has always been with tyrants among our own people: when the King was tyrant, let him look out. And it has always been the same, and will be the same, whether the tyrant be the Barons, whether the tyrant be the Church, whether he be demagogue or dictator — let them look out."

• Speech at Westminster Hall (4 July 1935); published in This Torch of Freedom: Speeches and Addresses (1935), p. 4

Yet very little of Magna Carta remains in force, as A P Herbert pointed out in his humorous "Misleading Cases" piece from 16 February 1927, "Rex v. Haddock: Is Magna Carta Law?" Albert Haddock is trying to get out of (or have reduced) a parking fine, but the judge says:

 

"... it was argued before me that at least that portion of Chapter 29 still has effect which reads:

 

'Nor will we proceed against a freeman, nor condemn him, but by lawful judgment of his peers or by the law of the land.'

 

But it was proved in evidence that in fact this method of condemning the freeman is the exception rather than the rule, and it was suggested that this portion of Magna Carta must be interpreted in the light of recent statutes, so that it reads:

 

'Nor will we proceed against a freeman, nor condemn him, but by lawful judgment of his peers or by the law of the land, or Government Departments, or Marketing Boards, or Impregnable Monopolies, or Trade Unions, or fussy Societies, or Licensing Magistrates, or officious policemen, or foolish regulations by a Clerk in the Home Office made and provided.'

 

The judge in that story also points out that notwithstanding Clause 40, the law is known for its delays - and expense:

 

"... much justice is sold at quite reasonable prices, and ... there are still many citizens who can afford to buy the more expensive brands."

 

What's left?

 

From the BBC:

 

"Only three of the 63 clauses in the Magna Carta are still in law. One defends the freedom and rights of the English Church, another relates to the privileges enjoyed by the City of London and the third - the most famous - is generally held to have etablished the right to trial by jury.

Below are the full translations of the relevant clauses from the 1215 copy of the Magna Carta held at the British Library.

1. Clause 1: The liberties of the English Church

"First, that we have granted to God, and by this present charter have confirmed for us and our heirs in perpetuity, that the English Church shall be free, and shall have its rights undiminished, and its liberties unimpaired.

"That we wish this so to be observed, appears from the fact that of our own free will, before the outbreak of the present dispute between us and our barons, we granted and confirmed by charter the freedom of the Church's elections - a right reckoned to be of the greatest necessity and importance to it - and caused this to be confirmed by Pope Innocent III. This freedom we shall observe ourselves, and desire to be observed in good faith by our heirs in perpetuity.

"To all free men of our Kingdom we have also granted, for us and our heirs for ever, all the liberties written out below, to have and to keep for them and their heirs, of us and our heirs."

2. Clause 13: The privileges of the City of London*

"The city of London shall enjoy all its ancient liberties and free customs, both by land and by water. We also will and grant that all other cities, boroughs, towns, and ports shall enjoy all their liberties and free customs."

3. Clauses 39 & 40: The right to trial by jury

"No free man shall be seized or imprisoned, or stripped of his rights or possessions, or outlawed or exiled, or deprived of his standing in any other way, nor will we proceed with force against him, or send others to do so, except by the lawful judgement of his equals or by the law of the land.

"To no one will we sell, to no one deny or delay right or justice. No free man shall be seized or imprisoned, or stripped of his rights or possessions, or outlawed or exiled . nor will we proceed with force against him . except by the lawful judgement of his equals or by the law of the land. "  "

How few leaves are left on the tree of liberty! And if so many have been blown away already, what guarantee do we have that the rest may not fall?

If we love the idea of liberty, we shall have to re-assert it, and there are new aspects that we might wish to address in a modern version, particularly the endless spying by the State on its citizens.

That's if we can call the State to account any more. After all, we are not powerful barons, nor (it seems) is the Crown in Parliament fully sovereign.

The 800th anniversary of Magna Carta falls on 15 June 2015. Should we do something for that day?
__________________________________________________

*See Graham S McBain's "Liberties and Customs of the City of London – Are There any left?" (2013) - www.ccsenet.org/journal/index.php/ilr/article/download/28685/17142


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A horror of being wrong

From Wikipedia

Some people, and I think I’m one of them, have a problem with being wrong. It manifests itself as a certain lack of robustness when it comes to attacking almost any social malaise or political stupidity. Almost always there are caveats. Almost always arguments are less robust than they could be. Note the almost.

I’ve been reading reams of G K Chesterton lately, mainly because I think he illustrates the problem very well. He understood the art of argument, the need to ignore the inevitable weakness of any standpoint and play to its strengths. The need to have a robust standpoint in the first place. Take these three quotes as an example.

Surely, when all is said, the ultimate objection to the English public school is its utterly blatant and indecent disregard of the duty of telling the truth.

But no English school-boy is ever taught to tell the truth, for the very simple reason that he is never taught to desire the truth. From the very first he is taught to be totally careless about whether a fact is a fact; he is taught to care only whether the fact can be used on his “side” when he is engaged in “playing the game.”

England is the country of the Party System, and it has always been chiefly run by public-school men. Is there anyone out of Hanwell who will maintain that the Party System, whatever its conveniences or inconveniences, could have been created by people particularly fond of truth?

G K Chesterton - What's Wrong with the World (1910)

I don't find it easy to write in this robust manner because what Chesterton says isn’t true - there are glaring holes. To begin with, Chesterton himself attended a public school - St Paul's School. So where does that leave his own attitude to truth?

On the other hand, a disproportionate number of our political elite slither out of public schools and adapt to a culture of routine lying like ducks to water. In other words there is at least some connection between habitual lying, carelessness with facts and public schools.

The trouble is, I would not find it easy to ignore the caveats as Chesterton so blithely and persuasively does. The cynic in me says that is because Chesterton is doing exactly that of which he accuses the political classes. Yet it works. The point is made and it lingers - as it is supposed to linger.

But all sorts of things go through our heads, and some seem to linger, and some don’t.

D.H. Lawrence - St Mawr (1925)

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Is the UK a tax haven? For frackers?

The Washington Post lists a host of US companies that have relocated their official headquarters overseas to reduce tax.

Apart from the usual dodgy destinations - Bermuda, the Caymans etc - there are some who have chosen the UK, and three of them are drillers. Is there a story here?

Data from Washington Post.

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Buy land in Baton Rouge!

Fear methane-powered tsunamis on the US East Coast? Want to avoid up to 50 metres of global flooding? Why not grab the opportunities offered by Baton Rouge, with its safer elevation and access to strategically-important inland waterways?

You may not see the full benefit in your lifetime, but your descendants may thank you, sometime within the next thousand years.

At least, that's one implication of the fascinating latest post from John Michael Greer.


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Waterskiing if you haven't got a boat...

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Does inequality lead to "decline and fall"?

Seeking to draw parallels between modern America and decadent Rome, Washington's Blog links to this:

A dwindling middle class, the flight of the rich to safer places (think of the recent Chinese and Russian expatriates)... it's suggestive.

The above arises indirectly from Barry Ritholtz's latest piece, in which he lists many economists and professors who also claim that widening income inequality harms the economy and generates boom-bust cycles.


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