The constitution violated : $b An essayButler, Josephine Elizabeth Grey
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The constitution violated : $b An essay
Butler, Josephine Elizabeth Grey
Constitutional law -- Great Britain; Prostitutes -- Legal status, laws, etc. -- Great Britain
I am perfectly aware that the absolute letter of this law has been for a
period of years set aside in what are called “minor cases.” With the
propriety of thus infringing on Magna Charta, even in respect to these
minor cases, many great lawyers have had grave doubts, and have strongly
expressed an opinion that these cases should not be multiplied or
extended. Into this question of minor cases I shall enter more fully in
a subsequent chapter; but this case is one of an utterly different
nature, involving both the determination of a grave question and the
infliction of a grave and prolonged penalty.
It is quite possible for a law to be contrary to law. I maintain that
this law is contrary to law when judged by the higher laws of the
Constitution, to which every law in England is as amenable, and by which
it may be as distinctly put on its trial, as we who live in England are
amenable to, and may be tried by, the laws of the land.
“There are,” says Chancellor Fortescue[25] “laws made which may better
deserve to be called corruptions than laws.” We maintain that this law
is a corruption, and we unhesitatingly call on all men and women in
England to unite in putting it down; in doing which we have a very great
cause to contend for—the cause of the liberties of England, concerning
which I will quote what Blackstone says. “It is therefore,”[26] says he,
speaking of trial by jury, “upon the whole a duty which every man owes
to his country, his friends, his posterity, and himself, to maintain to
the utmost of his power this valuable constitution in all its rights, to
restore it to its ancient dignity, if at all impaired by the different
value of property, or otherwise deviated from its first institution, to
amend it wherever it is defective; and, above all, to guard with the
most jealous circumspection against the introduction of new and
arbitrary methods of trial, which, under a variety of plausible
pretences, may in time imperceptibly undermine this best preservative of
English liberty.”
Public-domain text, read in full here on John Shaqi.
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