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
“These clauses are the crowning glories of the great charter.”[4] Mr.
Hallam calls them its “essential clauses,”[5] being those which “protect
the personal liberty and property of all freemen, by giving security
from arbitrary imprisonment and spoliation.”[6] The same high authority
observes that these words of the Great Charter, “interpreted by any
honest court of law, convey an ample security for the two main rights of
civil society.” The principles of this clause of the Great Charter,
which, if we look backwards, are lost in antiquity, were subsequently
confirmed and elucidated by statutes and charters of the reign of Henry
III. and Edward III. entitled “confirmationes cartarum.” “The famous
writ of Habeas Corpus was framed in conformity with the spirit of this
clause; that writ, rendered more actively remedial by the statute of
Charles II., but founded upon the broad basis of Magna Charta, is the
principal bulwark of English liberty, and if ever temporary
circumstances, or the doubtful plea of necessity, shall lead men to look
on its denial with apathy, the most distinguishing characteristic of our
constitution will be effaced.”[7]
De Lolme[8] speaks thus of these famous clauses, articles, or chapters:
“They insured that no subject should ever, in any shape whatever, be
molested in person or effects otherwise than by the judgment of his
peers, and according to the law of the land; an article so important
that it may be said to comprehend the whole end and design of political
societies.” The same powerful testimony is given by Guizot and De
Tocqueville.
It is precisely these very clauses, thus endearingly eulogized by these
great historians and lawyers of various nations, which stand violated
both in letter and in principle by the Contagious Diseases Acts.
Public-domain text, read in full here on John Shaqi.
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