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
What tribunal then can decide so grave and important a national question
as this, other than the nation itself? What therefore shall we think of
a Government which, when the nation has pressed this question upon it,
has shown itself so contemptuous of the great constitutional principle
involved, as to profess to investigate the question by means of a
tribunal of twenty-six men, a considerable proportion of whom rank among
the actual framers or supporters of the Acts? Further, in what light
must it appear to us when we learn that the investigation conducted by
this tribunal is expressly to be made into the “operation and
administration” of the Acts, and that it has no other specified object?
Those who made such a limitation must surely either have been ignorant
of, or determined to override, the constitutional objections which the
nation itself has proclaimed more or less distinctly from the first;
otherwise why was not the inquiry directed at least in part to that
momentous question on which it must finally be decided?
A Royal Commission has been appointed to inquire into these Acts. What
is the subject of their inquiry? Is it whether this law be consistent
with the first principles of morality? No, for that, such a tribunal,
not being the ultimate fount of truth, is incompetent; nor, since we
have each of us direct access to the ultimate fount of truth, do we need
its verdict on this point. Is it whether this law be consistent or not
with the principles of the English Constitution? No, although into this
question inquiry might well have been made by such a body, for there are
constitutional lawyers amongst us who could not on inquiry have remained
blind to the fact of this great violation of our rights. But such an
inquiry apparently did not suit the Government; therefore, what do they
inquire into? Merely into this question, How does this double violation
of the constitution and of morality work?
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