(no subject)

posted by [identity profile] devilgate.livejournal.com at 04:05pm on 20/03/2006
I see what you're getting at, but I read it as:

((may not create a new offence) OR (increase the penalty for an existing offence)) so that it is punishable...


These lawyers need a programming language.

Anyway, inasmuch as there is such thing as the UK blogosphere, it is alight with discussion of this; or, to put that another way, I have mainly been focussing my attention on discussion about it recently. And the general understanding of that clause seems to be as I described it. But IANAL, of course, and quite possibly, neither is anyone else whose posts I've read.

But above all (and this applies to your next comment, too): if the bill is enacted, it will be possible for ministers to modify that act (that legal programming language will have to support recursion, obviously). So any limitations and safeguards written into the bill have to be considered as irrelevant for our democratic safety.
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zotz: (Default)

(no subject)

posted by [personal profile] zotz at 05:27pm on 20/03/2006
As far as I can tell, the rules covering which way that clause would be interpreted are clear and simple if you understand them. I don't, but as I understand it it's not likely to be legally ambiguous.

As for the second point, it could be argued (although remember that IANAL) that under 3 (2) (d) it would be prohibited as removing necessary protection, and under 3 (2) (e) as removing the right of legislators to determine the powers of ministers. In any case, such a move would be liable (under the law as it stood at the point of passage) to be rejected by Parliamentary motion.
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(no subject)

posted by [identity profile] devilgate.livejournal.com at 09:39am on 21/03/2006
Fair points all, and you have obviously considered this with a clearer head than I. Do you think I should modify (or take down) my "Revolution!" post, then?

What do you think about the fact that on its face, no existing Act is beyond the reach of the new bill? Some commentators are saying that "constitutional" laws like the Bill of Rights and of course the Human Rights Act should be explicitly named on this bill as being outwith its influence.

This is all, of course, part of the problem with not having a written constitution.
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zotz: (Default)

(no subject)

posted by [personal profile] zotz at 10:13am on 21/03/2006
Well, I don't like the bill, and in particular the fact that its scope is so wide is very unwise. Listing bills as constitutional might work, but arguably they've already tried with the bar on removing "essential safeguards". That dumps it into the judiciary's hands, and while it's a damn sight better than nothing, I don't see it as an adequate substitute for just not passing the thing.

Written constitution. Yes. Seems like a very good idea, overall.
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