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
Whatever, therefore, be the verdict of this Commission, it obviously
cannot affect either of these vital questions, which must be tried by
the whole nation; and the decision of this Commission, worthless if it
be for extension, is equally worthless if it be for repeal, because
these Acts, if repealed on that verdict, would then be repealed on the
ground of their unsatisfactory operation. The evil principle would not
only be left undisputed and unrebuked, but it would be practically
admitted that our constitutional privileges may again be violated should
the results of such violation be temporarily satisfactory. Therefore I
unhesitatingly venture to assert, that if the verdict of this Royal
Commission should be for repeal, it would be more hurtful to our
national interests than if it should report for extension, because, as
it must be evident, the Acts would then be repealed on the ground of
their medical inoperativeness, or the difficulty of their
administration, or for some reason short of their constitutional
iniquity, and not—as they will be when repealed by the people—on the
ground and by reason of their essential wickedness as violations of
morality and constitutional liberty. Surely it was the guardian genius
of our Constitution who so happily blinded the Government which passed
this law, as to permit it to assign and limit the grounds of this
inquiry, as it has done, and has thus led it to throw upon the people
themselves the necessity and duty, not only of repealing these Acts, but
of forcing Parliament to place on the Statute-book a lasting record of
this bitter conflict, in the form of a Statute which shall bind our
Legislature for all future ages to regard as sacred the constitutional
rights of the people, and which shall make it impossible for it again
thus to violate the Constitution.
Public-domain text, read in full here on John Shaqi.
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