"Dear Captain,
XXXX asked me to forward these details of a recent court case, with profound implications, where the judge quoted chapter 29 of Magna Carta in his summation
– Best Wishes,
P...
The link below relates to a Court of Protection unlawful Deprivation of liberty case London Borough of Hillingdon v Neary & Anor [2011] EWHC 1377 (COP) which quotes the Magna Carta freedom rules at paragraph 23. I have snipped the section below, and included the principle that Justice Jackson claimed it refers to:
- 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."
It was also reported in The Times, 9th June 2011, because the Judge lifted reporting restrictions. "
The full ruling can be found here.
I was not going to run this story because Ms Raccoon did a fantastic write-up on it.
If anyone, and I mean anyone, tells you that the Great Charter is just a piece of yellowed parchment with no relevance today, tell them to eat shit and bark at the moon. This ruling is dated 9th June 2011.
I repeat: this ruling is dated the 9th of June, two thousand and eleven.
Use this great document or don't. But do not ever underestimate its validity.
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.
M'kay?
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.
M'kay?
CR.

