Holiday Reading

English Universities and Colleges have broken up for the Easter Holiday - as have the four Houses of the Westminster Parliament and the US Congress. So it's time for a break from daily reading of Roll Call and Politico, and the many excellent books about the workings of Parliament and Congress. (However Amazon are rushing to me some further books to ensure that I don't get stuck for future reading).

It's time to think about a bit of holiday reading. Over the winter I have made a number of trips to Huntingdon. One of my favourite places to visit is the Oliver Cromwell Museum. Cromwell was born and brought up in the town. The museum is not his birthplace (a plaque on The Friars, in the northern end of the High Street records the claim that he was born there), but the building in which he attended school.

For my holiday reading, I am going through some of the books I picked up at the museum. I have started with Christopher Hill's "God's Englishman". Following that I will read Barry Coward's - "Profiles in Power: Cromwell", then a book about his roots in Huntingdonshire (no longer a county in it's ownn right, but swallowed up into Cambridgeshire) - called "Risen from Obscurity?" by Caroline Clifford and Alan Akeroyd. If I have time I will re-read Antonia fraser's "Cromwell: Our Chief of Men"

Threats to Liberty

Western political and legal theory stresses the potential threats to liberty that can come from "the State". The doctrine of "Separation of Powers" is a classic example. Montesquieu warned that if the three functions of government (1 Making Law - legislating (2) Carrying out the law - the job of the 'Executive' and (3) Judging - interpreting the law and applying the law in disputes) were in the same hands, tyranny would follow. Other legal doctrines such as 'the Rule of Law' should govern the action of the State (illustrated by the provisions of the Magna Carta and today's remedy of Judicial Review.

But the State isn't the only source of threats to the rights of citizens. As Magna Carta sought to curb the excesses of a monarch, it didn't seek to curb the actions of 'over mighty subjects'. The Barons at Runnymede didn't want that issue addressed!

The phone-tapping scandal involving the News of the World (another part of Rupert Murdoch's global media empire); the damage to the livelihood of people affected bt the BP scandal; the ability of corporations to use their money to influence the political process - show that powerful business interests are a threat too.

False Imprisonment

The English law of tort gives remedies to people who have been wronged by the actions of others. The best known tort is negligence. Others include defamation, trespass against land and nuisance. There is a category known as 'trepass against the person'. It includes assault and battery. These may also give rise to criminal prosecution, but today I am only considering tort, which is 'civil law' - in this context contrasted with 'criminal law'.

Yesterday the Metropolitan Police lost an action in the High Court brought by two claimants who had sued for the third tort in the 'trespass against the person' category - false imprisonment. The Police had wrongly 'imprisoned' them by the use of the tactic of 'kettling'. The High Court found that holding these peaceful protesters was unjustified, and therefore was illegal. False imprisonment is a tort which involves stopping someone leaving a place without legal authority. It is not restricted to being held in a room. (One case involved a man stranded on a roof after the defendant took his ladder).

Reducing the number of Confirmations

One of the roles of the Senate is to give "advice and consent" to the President concerning the appointment of "Ambassadors, other public Ministers and Consuls, Judges of the Supreme Court, and all other Officers of the United States" (Art II Section 2).

The Senate is to consider S. 679 Presidential Appointment Efficiency and Streamlining Act of 2011. It was reported out of Committee on Homeland Security and Governmental Affairs Committee yesterday. It will reduce the number of positions requiring confirmation. A Press Relese from the committee is available here.

Details of the CR

Today the House of Representives is due to vote on the Continuing Resolution - which will keep the money flowing to Government - thereby avoiding a shutdown. Tomorrow the Senate is due to vote. (The deadline is once again midnight on Friday/Saturday).

The Appropriations Committee of the House has released a short summary of the provisions of the CR - available here.