From: "Michael Burke", [EMAIL PROTECTED]
>Simplistically speaking, but completely relevant
>nonetheless, is the question:
>Suppose your Parliament (or HO) were to issue an
>edict that all speeders were to be shot dead on sight.
>Completely ludicrous, I realize. But what if?
>What if the law were so onerously against the rights
>of man, that it was patently obvious? Would you still enforce it?
>Would you see it as your duty to carry out the intent
>of the law, regardless?
>ET
A very relevant point.
How about the incident in the news last week, of a
policeman in Italy shooting dead a scooter rider who was
not wearing a crash helmet. A bigger
threat to public safety I couldn't imagine!
Did the policeman really think he was entitled to use
deadly force over a most trivial infringement of the law?
The following extract was from a recent judgement in
Australia over the right to arms for defence.
McHUGH J: I understand that and persons who have not
had full legal training often think of Magna Carta and
the Bill of Rights as fundamental documents which
control governments, ...but Parliament - some people
would regard it as regrettable - can, in effect, do
what it likes. As it is said, some authorities could
legislate to have every blue-eyed baby killed if it wanted
to...
So there you have it, straight from the horses mouth.
The UK and Australian Parliaments think they can
legislate and pass any law-however immoral or
ridiculous, and they get away with it because of
the apparent connivance with the Judiciary.
However, we do have checks and balances against the
misuse of power.
The authoritative textbook of the common law Blackstone's Commentaries in
this famous passage describes the subjectÆs rights;" The rights, or, as they
are frequently termed, the liberties of Englishmenà consist, primarily, in
the free enjoyment of personal security, of personal liberty, and of private
property. So long as these remain inviolate, the subject is perfectly free;
for every species of compulsive tyranny and oppression must act in
opposition to one or other of these rights, having no other object upon
which it can possibly be employed.
To preserve these from violation, it is necessary that the constitution of
parliament be supported in full vigour; and limits, certainly known, be set
to the royal prerogativeàAnd all these rights and liberties it is our
birthright to enjoy entire; unless where the laws of our country have laid
them under necessary restraints - restraints in themselves so gentle and
moderate, as will appear upon further enquiry, that no man of sense or
probity would wish to see them slackened. "Blackstone noted that these
rights, if they were to have any effect, had to be protected by
constitutional mechanisms consisting of five auxiliary rights:
1. The constitution, powers, and privileges of parliament and their
limits....
2. The limitation of the king's prerogative ....
3. The right of every Englishman to apply to the courts of justice for
redress of injuries done to him by anyone.
4. The right of every individual to petition the king, or either house of
parliament, for the redress of grievances or infringement of the rights
before mentioned, which the ordinary course of law is too defective to
reach.
5. The subjects right to possess arms for their defence against
transgressors of the law, either individuals or the State.
I am aware of Parliamentary restraints on the first auxiliary right.
I know the limits of the Royal prerogative on the second.
I have applied to the Court for redress of grievance on the third.
I have petitioned the House of Commons, the Judicial Office of the House of
Lords, the Hereditary Peers and have given information of treason against
Lord Justices Morritt, Henry & Peter Gibson on the fourth.
The State has transgressed the law. Who is the criminal, the State for
suppressing my rights or me for reclaiming them?
Regards,
Mike Burke.
PS. I'm studying the fifth right with interest. <G>
Cybershooters website: http://www.cybershooters.org
List admin: [EMAIL PROTECTED]
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