Tuesday 24 May 2011

The people have the final say

We are a democracy. We elect representatives to send to parliament to make laws on our behalf – in consenting to have them do that job and to pay them for doing it we are saying that the British parliament is sovereign. British law, done in the name of the British people, is subordinate to parliament because we pay them to be sovereign.
In 1215 the Magna Carta gave us all the right, in perpetuity, to be tried by our peers in open court.
Down the ages exceptions have been put in law - national security is one and the needs for children to be protected is another. Children about whom there is talk of law breaking or victimisation might suffer in social circles, mainly the playground. Protecting their privacy was required but withholding publishing court cases no longer works, simply because it should never happen. Closed courts are bad justice. The law must be seen to be made and justice must be carried out and be seen to be carried out.
Now we are seeing injunctions taken out, usually to prevent talk of a misdemeanour, by those who can afford to do it. And we are seeing family courts held behind closed doors with all concerned bound to secrecy about every detail, and no right of appeal. Gradually our inherited right to be heard in open court is being taken away. We need to have sovereign parliament rule that the freedoms we won at Runnymead remain in perpetuity here in England at least – right of free speech, right to be given a fair trial in open court and right to justice. Privacy of the individual must be secondary to these universal rights because we are one world, one society and the law should apply equally to all without prejudice.

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