Principles of Magna Carta still needed today for Zaoui and those at Guantanamo
In Runnymede field in 1215, King John was forced to sign a document designed to prevent abuses of royal power, the Magna Carta.
While the vast majority of the Magna Carta dealt with immediate issues of concern to the traditional English aristocracy, it did contain one important principle – that there existed a body of law independent of the King, and the King could not act outside the law. In retrospect, the charter was a logical progression from Henry II’s legal reforms, as it made the only family then exempt from the law subject to the law.
The Magna Carta enshrined the right to freedom of movement, and placed a prohibition on imprisonment without lawful case. A sentence could not be conferred until lawful judgement by peers.
I find it amazing that in the case of Ahmed Zaoui in
In another irony, John only became King after his brother Richard the Lion heart fell to an arrow on his return from another war against Islam, the crusades.
An urgent review of the Immigration Act 1987 is required, as the right of the inspector general of intelligence to issue ‘Security Risk Certificates’ without a requirement to inform the accused the reasons for imprisonment, comes awfully close to a simple abuse of executive privilege. Denying Zaoui the reasons for his imprisonment made it impossible to mount an adequate defence and thus denied him the right to a fair trial of his peers. How long should someone be in prison before it is asked ‘hang on, is this arbitrary imprisonment’? While Zaoui’s request for Habeas Corpus failed, it again demonstrated that the issues surrounding this case have been with us a long time.
Of course
With the Ahmed Zaoui decision I was pleased to see the Supreme Court fulfil one of its most important functions - acting as a break on the actions of the executive (the crown and cabinet). But ultimately it is up to us to hold our Kings and Queens to account. Making a protest is an act of loyalty to the principles in which ‘liberal democracies’ are founded.
"Clause [29] No Freeman shall be taken, or imprisoned, or be disseised of his Freehold, or Liberties, or free Customs, or be outlawed, or exiled, or any otherwise destroyed; nor will we pass upon him, nor condemn him, but by lawful Judgment of his Peers, or by the Law of the Land. We will sell to no man, we will not deny or defer to any man either Justice or Right." (Magna Carta, 1297 version)The Magna Carta, along with sections of the Bill of Rights Act 1688, The Act of Settlement 1700 and the Habeas Corpus Act of 1640 (+ 1679 + 1816) are incorporated into
Labels: Bush Administration, History, human rights, immigration, law, war on terror
4 Comments:
Unfortunately, neither the British or New Zealand constitutions entrench the Magna Carta above ill-considered recent legislation (the Immigration Act, for example). In my view they should be (well some of the provisions - I'm not sure that the removal of weirs on the Medway is of particular importance in today's NZ).
Interesting, thanks for that. Do you have any recommened links that explain the position of the Magna Carta in the NZ constitutional arrangments further? In any case you sound like you have a brain worth picking!
You are quite right that a lot of the Magna Carta would not be relevant to NZ today, as it was only a couple of key clauses that gave the MC wider consitutional significance and influence. eg.
[34] No Man shall be taken or imprisoned upon the Appeal of a Woman for the Death of any other, than of her husband.
On the good side I guess it is limiting the death penalty, even if it is very sexist. If this clause was any wider perhaps the Govt could have tried to use 'appeal of a woman' arguments against Deborah Manning - heck they tried just about every other legal avenue to keep Zaoui in jail! :)
Please feel free to leave a first name, initial or online name with your message, that way if you comment again I will know it is you :)
G'day Joe from across the ditch, Does New Zealand have an Imperial Acts Application Act as does Oz in our Fe'ral and State legislation?
Freedom for all
just cut it down how is is important today i have 5 minutes to do it and it will take me 10 minutes to read all that.
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