|Quoting GDB (Reply 5):|
I don't subscribe to the conspiracy types, I don't think these laws, in any of their various forms, are a deliberate Orwellian plot, just a panicked response from Ministers, I'm willing to believe that ministers do have sleepless nights worrying about terrorism, but so what? That goes with the job.
|Quoting Banco (Reply 6):|
One of the more fascinating insights on recent days that came to light from a number of senior judges was that detention without trial cannot be approved by act of Parliament at all because it runs contrary to Magna Carta. Now, Magna Carta cannot be undone by Act of Parliament, because it is a covenant between monarch and people. That means that habeas corpus quite simply cannot be removed, hence the need for an alternate solution.
|Quoting JGPH1A (Reply 7):|
That is interesting ! I suppose it's true, because Magna Carta was never an act of Parliament (had Simon de Montfort even invented Parliament back in 1215 ? I can't remember the date). Funny that, the basis for English constitutional law, and the only thing England/Britain has ever had that even remotely resembles a written constitution or Bill of Rights (up till the EU Human Rights legislation) and it's not subject to alteration by Parliament. Cool ! Despite the offense it does to my egalitarian and anti-nobility sentiments, ra ra Barons ! Good job.
|Quoting JGPH1A (Reply 10):|
I know there was a Simon de Montfort who was heavily involved in the Albigensian Crusade on the side of the Church and the king of France (boo, hiss !), but it may not be the same one (he lived from 1165 to 1218).
|Quoting JGPH1A (Reply 12):|
Re the Magna Carta, I was wondering - would the provisions about no person may be fined to their utter ruin be somehow contrary to Blair new fines which are based on a person's income rather than a standard basic fine for everyone regardless ? Which incidently I loathe even more than the Anti-terror law - they are deeply and abidingly undemocratic and should be scrapped.
|Quoting Banco (Reply 13):|
Er. You may have got me there. I know that the idea was trialled a few years back, but I thought it had been scrapped. I know that Blair keeps going on about it, but I wasn't aware that anything was in the works.