Friday, July 27, 2007

Why we don't want Continental Law

Notwithstanding Timmy's terse fisk of this Times article, your humble Devil thought that he too would lay into it, since it illustrates some things that I have talked about before. Here's a relevent passage.
While we agonise about 28 or 56 days custody, it is not uncommon for terrorist suspects in France to be held in preventive detention for four or five years before their case goes to court.

Michael Burleigh's tone indicates that this is something that he approves of, and neatly illustrates why we cannot trust media cunt-rags like him to help protect our rights.

Yes, Michael, you fatuous, fascist arse-crumpet, we used to do that in this country a few hundred years ago. Then we introduced a rather nice little concept called habeas corpus which, as Wikipedia puts it so succinctly, is...
... an important instrument for the safeguarding of individual freedom against arbitrary state action.

Of course, Michael thinks that it is OK for him—as long as its little brown people, evil darkies and uneducated nignogs getting locked up, Michael couldn't give too shits. But perhaps Michael should be careful: historically, under any tyranny, it has always been those non-compliant people in the media who have been amongst the first to find themselves on the train to the gulag.

Hyperbole and scaremongering aside, why the fucking hell does Michael Burleigh think that it is entirely reasonable that someone be locked away "for four or five years" before their case gets to court? How is that reasonable or fair, you fucktard? Even if the accused is found innocent, the state has still destroyed his life.

I happen to think that the justice system in this country—Common Law, burden of proof on the state, habeas corpus, etc.—is far superior to that of our Continental cousins; this is one of the reasons that I am not happy about the increasing encroachment of EU corpus juris.

Unfortunately, this is, of course, the ultimate aim of NuLabour's attacks on our fundamental rights in law—they are preparing our legal system for the adoption of the Roman Law system of the EU. And the Tories will be no better.

Fucking hell, but I loathe our leaders.


Neal Asher said...

I feel you should receive some sort of award for 'fascist arse-crumpet'.

ScotsToryB said...


I'm sure there's a post in you re 90 days detention v. 100/101(?) days to bring a person to court, as I understand our Scottish system to be. Seems to me Brown is using typical EU ratcheting & creep to up the ante and wannabees, like this guy, are more than happy to spout before thinking.


Henry North London said...

We were told in school that to be arrested in France was to be guilty until proven innocent.

It scares the willies out of me that that may come here.

John said...

When the European Championships were played in Belgium and the Netherlands, one of our sons was "convicted" by the Belgian courts for hooliganistic behaviour. He maintained his claim of innocence throughout and subsequently launched an appeal. This appeal failed because he could not prove he was innocent.

I don't understand for the life of me why any British subject should wish for this yet alone facilitate it; it's as bad for them as the rest of us.

Oh yeah? So what has happened for the last ten years, exactly?

Over at the ASI, they are posting some of the winning entries of the Young Writers on Liberty. One does not want to put such keen minds off,...