No Parliament can ever legitimately circumvent the constitution. The contract of our Constitution utterly forbids any encroachments upon its provisions. Thus our Constitution lays down the fundamental duty for all in authority to follow. This duty has always been prerequisite to holding any office of the Crown and is designed to protect the people from unconstitutional assertions of power (e.g. the re-introduction of cruel or unusual punishments such as torture is placed beyond the authority of Parliament).
Our constitution ensures no taxation without representation; the freedom of speech in Parliament; guaranteed right to trial by jury in traditional courts, to habeas corpus, the presumption of innocence, the right to one’s property, the right of self-defence and much more. Its purpose is to ensure the people are never again to be oppressed. “An Englishman is born a free man save under the due restraint of the necessary law” is a phrase that resonates the world over. The rule of law enshrines accountability in the administration with ultimate enforcement in the hands of the people, not those who govern.
The Constitution was never intended nor does it in any way permit the divine right of kings to metamorphize into the divine right of our politicians. The freedom of self-determination under our own law is our guaranteed birthright. It is not something for mere transitory politicians or for that matter any one generation to give away even by referendum. The rule of law itself is guaranteed to us by contract in perpetuity. It is bound by the law to be the only means by which we may be governed. Sir Robert Meggary VC said in Manuel v the Attorney General 1983 (C. A.) “As a matter of law the courts of England recognise Parliament as being omnipotent in all save the power to destroy its own omnipotence.” That omnipotence is constrained by the Constitution but at least Sir Robert recognised one constitutional principle of the limitation of power. This principle has been progressively broken by successive governments.
The misconception that Parliament rightfully enjoys unfettered power now threatens entirely to undermine our Constitution and the rule of law itself. The EU treaties and constitutional proposals are eroding to the point of destruction our constitutional principles. History shows unequivocally that we tolerate this erosion at our peril. By what authority may our politicians or their parties consider that they are empowered to destroy all this? No such authority can or may legitimately exist under the British Constitution, which has provided security and stability to the people of the UK since 1689.
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