The constitution violated : $b An essayButler, Josephine Elizabeth Grey
History
The constitution violated : $b An essay
Butler, Josephine Elizabeth Grey
Constitutional law -- Great Britain; Prostitutes -- Legal status, laws, etc. -- Great Britain
On the occasion of an infringement of a constitutional principle by
Parliament itself, a century ago, Lord Chatham, when urging the House of
Lords to retrace this fatal step, used the following words:—“If I had a
doubt upon this matter, I should follow the example set us by the most
reverend bench, with whom I believe it is a maxim, when any doubt in
point of faith arises, or any question of controversy is started, to
appeal at once to the greatest source and evidence of our religion—I
mean the Holy Bible. The Constitution has its political Bible also, by
which, if it be fairly consulted, every political question may and ought
to be determined. Magna Charta, the Petition of Rights, and the Bill of
Rights, form that code which I call the Bible of the English
Constitution.”[2]
In following out this advice of Lord Chatham, it is to these authorities
that I wish to appeal in determining the exact nature of those
principles of the Constitution which I assert have been violated. I am
aware that in doing so I may incur criticism on account of my ignorance
of legal terms and definitions, and on account of unskilfulness in the
arrangement of the matter before me. I shall be satisfied, however, if I
succeed in commending my subject to those to whom I particularly address
myself—I mean the working men and working women of England. Neither they
nor I have had a legal training, but we may alike possess a measure of
that plain English common sense which, to quote again Lord Chatham’s
words, is “the foundation of all our English jurisprudence,”—which
common sense tells us that “no court of justice can have a power
inconsistent with, or paramount to, the known laws of the land, and that
the people, when they choose their representatives, never mean to convey
to them a power of invading the rights or trampling upon the liberties
of those whom they represent.”[3] Further on in this Essay I shall show
that Parliament in making the Contagious Diseases Acts, has invaded and
trampled on the liberties of the people.
Public-domain text, read in full here on John Shaqi.
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