The Erosion of Our Institutions and Constitutional Freedoms
by The Editor
English Law is based firmly on aspects of common law (inherited from the Anglo-Saxons), feudal law (inherited from the Normans) and subsequent laws which have been passed through parliament and which can, therefore, be repealed in the same way they had been passed. They are not written in stone. Our judges are guided by these laws and legislation. A judge has some room for manoevre to work within the laws before him using precedence, custom and conventions. That said, sadly we have seen more political judgements in Britain or should I say judgements affected by politics, since 1945, than ever before.
By Gregory Lauder-Frost
English Law is based firmly on aspects of common law (inherited from the Anglo-Saxons), feudal law (inherited from the Normans) and subsequent laws which have been passed through parliament and which can, therefore, be repealed in the same way they had been passed. They are not written in stone. Our judges are guided by these laws and legislation. A judge has some room for manoevre to work within the laws before him using precedence, custom and conventions. That said, sadly we have seen more political judgements in Britain or should I say judgements affected by politics, since 1945, than ever before. The Labour Party's wrecking of the Constitution (Supreme Court) under Tony Blair was a monster move in that direction. Previously you felt you could appeal to the House of Lords and expect a fair hearing from that once august body just as your forefathers did. That has been stolen from us and now we are told to go into an American-style court where the judiciary have even discarded their time-honoured robes of office. You might as well be in Wisconsin.
The elasticity of our legal system is vastly superior to the USA system and others where they have written rigid constitutions, poorly drafted, out of date, and often almost skeletal laws. More than often they have judges making very political decisions in their courts sometimes with the faintest nod to the law. This is not helped by the fact that senior judges there are blatantly appointed by the political system. Again each State often has different laws to the others and legal practioners have to have a license to work in each State, a ridiculous scenario as more than often an accused merely slips across the border into another state. Federal Laws are different again. A real mess.
We must resist the Americanisation of any of our institutions and systems. The attack on the hereditary principle in the House of Lords is very American/Republican (an indirect attack too upon the monarchy which is also hereditary), and here we see the clear move towards a Senate, a ridiculous elected second chamber when we already have one. (Even the ancient Roman Senate was not elected!) I see all these French Revolutionary and American ideas (often indistinguishable from each other) eating away at our institutions like a cancer. We have even reached a stage where the liberal-left are now in the ascendancy in both parliament and in our legal profession, and we have seen a succession of cases before our judges the outcome of which has often been a scandal. A close examination of the histories and CVs of our judges show some of them to be renowned liberals, socialists and even communists. Some are politically correct appointments. Most people are unaware of this.
We should be fighting this cancerous movement through our institutions with every breath in our body, yet there is no party which is sufficiently Tory enough which will do this. The Conservative Party today, unrecogniseable to the pre-WWII Tory Party, have failed to address the socialist and liberal cancers in our major institutions, our schools, colleges and the media. As a result our children are successfully brainwashed; and our politicians apparently seem to think that they are responsible to the media for their everyday actions and comments. Yet with the exception of the BBC the British media, including newspapers, is entirely unelected and owned by private companies (often multinationals), in business not for the British people but for profit and furthering left-wing ideology on every subject under the guise of freedom of speech.
We have always been unique and apart from the rest of the world in our institutions and we, an ancient mature nation, don't need to copy anyone else. We must fight back against the enemies within for the heritage bequeathed to us.
Some recommended reading:
"After Progress - Finding the Old Way Forward" by Prof.Anthony O'Hear (1999).
"The Rape of the Constitution?" edited by Keith Sutherland (2000)
"Total Politics - Labour's Command State" edited by Greg Clark & James Mather (2003).
"The Macpherson Report: 'Anti-Racist' Hysteria and the Sovietization of the United Kingdom" by Dr.Frank Ellis (2001).
"Liberal Fascism" by Jonah Goldberg (2009).
"Democracy, Facism and the New World Order" by Ivo Mosley (2003)
"What Next in the Law" by Lord Denning (1982)