20 June 2010

They just don't get it

Over on ASI, Dr Madsen Pirie rehearses what he will say to the Young inquiry into runaway health and safety regulation.
I will urge the replacement of statute law by case law, the principle which underlies English common law. I will suggest that Parliament's intent be not spelled out in detail, but decided by a series of tribunals and juries setting out a body of precedent. A typical one might require employers to provide "reasonable" toilet facilities for their staff, but instead of spelling out line by line what is "reasonable," would allow a series of tribunal decisions to build up a body of precedent. This brings the commonsense views of ordinary people into the process.

With the EU, Britain will have to plead "vital national interest," as allowed. We will say that English common law is a vital part of our national identity. We will take EU directives and apply them in our own way, not accepting the pages of detail, but accepting the principle and allowing juries to interpret through a series of cases how it is to be applied in practice.
Pirie just doesn't get it, does he? Seventy percent of our laws are made in Brussels and there is no way Common Law can survive if Britain remains in the EU. Europhile shysters like the Blairs have known this all along, and have actively hastened the process by - for example - abolishing habeas corpus, undermining trial by jury and the presumption of innocence in order to conform to the statist continental norm.

Does Pirie really believe that the 'progressive' British state and judiciary will surrender the immense powers they have gained through the EU in order to accommodate laughably troglodyte concepts like 'national identity' and 'the commonsense views of ordinary people'?

No comments:

Post a Comment