Wednesday 21 August 2013

the Tradition we inherit

As we know we do not enjoy the benefits of a written constitution but we do have viable notions we have accumulated over the centuries upon which we could establish the new era of government of the people by the people.To begin with we have Magna Carta:

 "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 peers or by the law of the land"

It is true that this was drawn up when the King and Barons were looking for a cessation of hostilities and in days when King's could claim a divine right to rule, sponsored by the Church but times have changed and there are not many kingdoms left   and the influence of the Church has waned.It does however outline the privileges we should all enjoy as by right simply because we are citizens which in Common Law tradition also makes the point that everyman is entitled to be regarded as an upright and worthy citizen - unless the contrary has been proved in a court of law.
Contrast this positive outlook with the modern day   business of looking for scapegoats and branding people with labels to indicate that they are beyond the pale or setting the dogs upon them ( a modern version of this is to conduct a campaign in the deplorable British Media to denigrate whole sections of the populace).
Then we have civic leaders bringing down the whole weight of the State's security apparatus upon transgressors -  in the form of paramilitary policing - something invented in the Thatcher era to quell the rebellion of the Miners but here in Essex used against men women and children who have committed no crimes.
The UN charter of Children's rights declares that all children need a stable home environment first and foremost and education and other benefits depend on this being in place.The Dale Farm community gave children a good environment and they had a good school nearby.They still have the school but the stability of their home environment has been  almost destroyed by the activities of Civic Leaders and the police relying as they do on the application of force.

1 comment:

  1. By a strange oversight I left out another important foundation of the British legal system namely the writ of Habeas Corpus which was well described in layman's terms as:
    "A fundamental instrument for safeguarding individual freedom against arbitrary and lawless State activity."
    It seems that if you have the noose already around your neck a competent lawyer can use this instrument to stop the trapdoor opening.

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