A quick constitutional ramble
I’ve been following a tiny news item via Captain Ranty’s site about a matter of constitutional import. Now just about every country in the Anglosphere has a legal system based on what is known as Common Law, which derives from the Magna Carta, signed in 1215 by the then Monarch and his Barons. The key words here being the Monarch and his (or her) Barons.
Common law forms the basis of the legal system on a globe spanning basis, apart from in countries where the authorities routinely rape young women just to make it okay to put them to death, that is. Wherever the British Empire touched, there is common law. Generally speaking. Mostly. Kind of. Sometimes.
Now there’s a problem in the offing which may come as close to a Casus Belli as any since the English Civil war. It’s mostly New Labour’s fault of course, with their usual less than competent approach to framing legislation. Although the mission creep of the European Union has grown since Edward Heath signed the Treaty of Rome and told everyone it was all about free trade between European Nations, the lying toad.
Here goes; a Baron Mereworth, whose family has held Letters Patent from the crown for centuries, was and is miffed at not being summoned to the House of Lords following his succession to the title. He tried to take the Ministry of Justice to the High Court over the matter, only to be dismissed with a brusque “We can’t deal with this.” response. In essence, they gave him the brush off. Go ‘way son, you bother me patronizing style of thing.
This little High Court tiff is a direct result of the New Labour 2005 Constitutional ‘reform’ act. With a stroke of the pen there was an effective coup d’etat in England. No wonder the penalty for Treason was scaled back to a maximum of life imprisonment. Those New Labour shits knew exactly what they were going to do, and like much of their other legislation, it has left a steaming, barnyard smothering pile of legal poo behind.
All right, so what, you might say. All these Lords and stuff is soo old hat. Weren’t they abolished in 2005 or something? Like that Magner Carter thingy. Load of old bollocks. It’s History right? Doesn’t apply any more. We’re all equal Europeans now, yeah?
You might say that, and in some ways you’d be perfectly right, and in others so terribly, awfully wrong. In effect ceding sovereignty to the European Union, Parliament has essentially given up the last of HM Queens powers of state. Which leaves the rest of the Commonwealth, Canada, New Zealand, Australia in a bit of a cleft stick. Who appoints their Governor Generals? More to the point, as the Governor General of each Commonwealth Nation is effectively powerless, it begs the question of who pays his / her wages? The Crown? Who dat den? Without an effective Monarch there can be no Crown offices. There is also the question of legality, as, to quote this article;
Given that the last Labour government was in the habit of not obtaining assent from the Queen, when placing their laws onto the Statute Books, the hope is that Hereditary Peers will challenge the government in High Court and restore their access to the House of Lords. They can then take on the difficult task of bringing Blair’s government to account for its treachery and treason.
WTF! Hang on. I was always taught that a bill passed by Parliament cannot become law unless it receives Royal Assent. You mean to tell me that there are laws being enforced that are not actually laws at all because they have not got the official Royal signature on them? Well fuck me rigid.
Confused? Well I certainly am. Although I have the distinct feeling that under this legal mess is a number of political grenades with pins pulled. Whoever manages to penetrate the steaming heaps of obfuscation and confusion may see the whole lot go up in a constitutional detonation causing all sorts of casualties.
To quote Lord Neuberger of Abbotsbury, a High Court Judge most recently involved with ’super’ injunctions; “The danger is you muck around with a constitution like the British Constitution at your peril because you do not know what the consequences of any change will be.”
Watch this space. This might get really interesting. From a distance that is.
This post might appear at Orphans of Liberty shortly. Possibly.