- The second central principle concerns cases of disagreement. The ordinary powers of a local authority are limited to investigating, providing support services, and where appropriate referring the matter to the court. If a local authority seeks to regulate, control, compel, restrain, confine or coerce it must, except in an emergency, point to specific statutory authority for what it is doing or else obtain the appropriate sanction of the court: again see Re A and C (above) and the authorities referred to therein.
- The origin of this basic legal principle is to be found in an era long before the invention of local authorities as we know them. Chapter 29 of Magna Carta 1297 provides that:
"No freeman shall be taken or imprisoned, or disseised of his freehold, or liberties, or free customs, or outlawed, or exiled, or any otherwise destroyed; nor will we not pass upon him, nor condemn him, but by lawful judgment of his peers, or by the law of the land."
They want you to think it is useless.
They want you to believe it was/is a statute. It isn't. It's a Treaty. When did you ever hear of Treaties* being amended or deleted?
You never have because by their very nature they are unamendable. Undeleteable. They stand for all time.
*other than wanky treaties like Nice, Maastricht, Rome and Lisbon, that is. Now they are useless.
But the dear old Magna Carta is as useful today as the day it was signed.