Is A.61 a “Law” (or part of one)?

Judge

Law

There has been much rhetoric in recent months about the validity and efficacy of Ch.61 Magna Carta 1215 and whether or not it has any relevancy in modern law practise. We have been subjected to a number of arguments from both solicitors and law students who are of the opinion that MC1215 is an arcane law with no modern relevance or effect. It should be pointed out that law degrees have not included constitutional law as a mandatory subject of study or examination since the mid-1970’s in Britain and consequently lawyers are very poorly trained in the subject.

If MC1215 were irrelevant, why would Leolin Price Q.C. have sanctioned the petition to the Queen, delivered 8 February 2001? Surely if Magna Carta was void of relevance, such an educated practitioner of law would not have agreed it as both timely and relevant, not to mention legally sound? Surely the Queen would not have responded to it (however inappropriately) but rather simply ignored it as void were she able to?

For this reason we feel it is now appropriate to bring everyone’s attention Halsbury’s vol 44 entry on constitutional Acts. Pay particular attention to the fact that Magna Carta 1215 is expressly cited – and the notable absence of the largely repealed 1297 Act.

One of the commonly cited arguments is that Magna Carta is “largely symbolic” and not arguable in court. Let us see what Halsbury’s says about this, too. . .

(iii) Particular Types of Act

 

  1. CONSTITUTIONAL, TREATY AND FINANCIAL ACTS
  1. Constitutional Acts.

 The British Constitution is said to be ‘unwritten’. This only means that, unlike most countries, the United Kingdom does not possess a single comprehensive constitution and much of its constitutional principle is embodied in the common law. There are nevertheless a number of historic statutes regarded as embodying and setting forth the state’s constitutional principles1. Any modern Act which amends or adds to these may also be regarded as a constitutional Act2. The main significance of classing an Act as a constitutional Act lies in the nature of the interpretative criteria which then apply to it. In particular, the rights the Act confers, having the quality of constitutional rights, will be regarded by the courts as fundamental and not to be displaced except by clear words3.

 

1     See eg Magna Carta (1215); the Bill of Rights (1689); the Act of Settlement (1700); the Septennial Act 1715.

 

2      See eg the Parliament Acts 1911 and 1949; the Crown Proceedings Act 1947; the Representation of the People Acts 1949 to 1983; the House of Commons Disqualification Acts 1957 and 1975; the Crown Estate Act 1961; and the Supreme Court Act 1981.

 

3     See para 1299 text and note 5 post.

 

UPDATE

 

1221 Constitutional Acts

 

note 2–Supreme Court Act 1981 now cited as Senior Courts Act 1981: Constitutional Reform Act 2005 Sch 11 para 1 (in force on 1 October 2009: SI 2009/1604).

As you will see from the final sentence, Halsbury’s does not consider Magna Carta to be ‘largely symbolic’ but rather fundamental to the courts.

Like it or not, we the people of Britain have an unalienable right to rely upon Magna Carta and the Bill of Rights (among others) to protect those same unalienable rights. However, with increasing despotism from the UK executive who believe they are in power rather than in office, we the people MUST stand under our established constitution as embodied in the common law or we will permit it to be abrogated.

We apologise for repeating a citation used elsewhere on the site but we feel it is both timely and highly relevant to this page and should be taken on board by ALL who visit this site and others like it which promote our constitution.

Magna Carta 1215 Ch.61 was invoked by a correctly constituted committee of the barons on 23 March 2001 and remains in effect to this very day. If everyone in the UK stood under it, we could take back control of the country from the psychopaths that believe they rule it.

“Here is a law which is above the King and Parliament, and which even He and They must not and may not legally break. And in the event they or anyone else were to try to abrogate it, such attempt at abrogation shall have no force nor effect and can be safely ignored with no legal ill effect. In addition, in the event of successful attempts at abrogation of such liberties, customs, or rights, the King has commanded and do hereby compel any and all subjects to swear oath to join the barons to assail the properties and persons and families of those [. . . .] who had successfully completed such abrogation, including but not limited to that of the individual Members of Parliament who had voted in favour of any such successful attempts at abrogation. This reaffirmation of a supreme law and its expression in a general charter is the great work of Magna Carta; and this alone justifies the respect in which men have held it.”
[Churchill, A History of the English Speaking Peoples (1956)]

Nothing on this website is to be construed as legal advice.