Independence Day

"We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.--That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed"

My great fear is that this sacred day has become, for some, a day of mindless flag waving - the celebration of a secular cult of "America". As the famous words quoted above make clear - it should be about the revolutionary ideas which led to the establishment of the United States.

"All men are created equal" - an idea which was revolutionary. The Romans had their slaves. In the Middle Ages feudalism was based on a hierarchy with Monarchs at the top and unfree people at the base. The British Parliament was divided into two Chambers - one for the Lords and one for the representatives of the "Commons" - but only a tiny proportion of the people had a vote.

Of course, the implications of this revolutionary idea were resisted. The USA retained slaves - and the last few days have just seen the 150th anniversary of the Battle of Gettysburg - afterwards on the site of the battle, Lincoln spoke of "the unfinished work which they who fought here have thus far so nobly advanced. It is rather for us to be here dedicated to the great task remaining before us -- that from these honored dead we take increased devotion to that cause for which they gave the last full measure of devotion -- that we here highly resolve that these dead shall not have died in vain -- that this nation, under God, shall have a new birth of freedom -- and that government of the people, by the people, for the people, shall not perish from the earth.". Today, slavery continues to exist. Inequality has increased - while a very rich, very powerful elite grow ever richer and are able to "buy" political influence (and avoid contributing to the 'common wealth') - the rest of us have to work harder, for longer (if we can get a job in the mess that has been left after the (predictable) failure of neo-liberal economic theories). There are unforgiveable disparities between the life expectancies of the rich and the poor - even within the "wealthy" countries. It is time to renew again the fight for "equality".

I have to admit to being angered by those who boast of their 'conservatism' and claim to be the inheritors of the spirit (and Constitution) of the Founding Fathers. They mouth the words, but deny its application. America was founded on the principle of "Equality". I was so pleased to hear the rationale given in US v Windsor.

"DOMA seeks to injure the very class New York seeks to protect. By doing so it violates basic due process and equal protection principles applicable to the Federal Government. See U. S. Const., Amdt. 5; Bolling v. Sharpe, 347 U. S. 497 (1954).  The Constitution’s guarantee of equality “must at the very least mean that a bare congressional desire to harm a politically unpopular group cannot” justify disparate treatment of that group. Depart­ment of Agriculture v. Moreno, 413 U. S. 528, 534–535 (1973). In determining whether a law is motived by an improper animus or purpose, “‘[d]iscriminations of an unusual character’” especially require careful consideration. Supra, at 19 (quoting Romer, supra, at 633).  DOMA cannot survive under these principles."

We need to face down those who claim to be constitutionalists, who actually reject the principles which motivated the founding fathers.

The other principle central to the Founding Fathers' thought (also rejected by these people) is the idea of the positive value of 'government'.  The Declaration of Independence puts at the heart of its argument the idea that "to secure these rights, Governments are instituted among Men" - and the Constitution's preamble states "We the People of the United States, in order to form a more perfect Union, establish Justice, insure domestic tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America"

Happy Independence Day!



The Glorious Revolution

A century before the American and French revolutions that will be celebrated this month, we in Britain had our own - very British - revolution. To paraphrase - James II got too big for his boots and tried, like his father, to push Parliament around. He was run out of town. William and Mary were invited to become the new monarchs - but with strictly limited powers. If there had been any doubt before, it was expressly resolved - that the Sovereign [the ultimate source of power within the State] was no longer the monarch, but Parliament.

The "Bill of Rights" 1689 is not a charter of individual rights (as the first 10 amendments to the US Constitution are), but a clear statement of the rights of Parliament. Like the Magna Carta, it is an important statute within UK Constitutional Law.

It can be read here and its significance explained here.

Magna Carta

"The Great Charter" is the name (in Latin), given to the document agreed to by King John at Runnymede. It's a document worth reading every so often.- - the foundation of our liberties.

The principle of proportionality can be found - "For a trivial offence, a free man shall be fined only in proportion to the degree of his offence, and for a serious offence correspondingly, but not so heavily as to deprive him of his livelihood..... in proportion to the gravity of their offence."

+ (39) No free man shall be seized or imprisoned, or stripped of his rights or possessions, or outlawed or exiled, or deprived of his standing in any other way, nor will we proceed with force against him, or send others to do so, except by the lawful judgement of his equals or by the law of the land.

+ (40) To no one will we sell, to no one deny or delay right or justice.

(these two sections remain the law of the land)

This blog has frequently revisited the subject of "Magna Carta" - just type the phrase in the search engine on the right of this page.

Croatia's accession to the European Union

 

Explanatory Press Release from the European Commission

 

Croatia's accession to the European Union on 1 July will mark another milestone in completing the construction of the EU. It provides fresh evidence of the transformative power of EU enlargement policy: torn by conflict only two decades ago, the country is now a stable democracy, capable of taking on the obligations of EU membership and of adhering to EU standards. This is a powerful signal for the whole Western Balkans and also a proof of the credibility of the EU enlargement policy .

 

This document outlines the institutional implications of the accession of Croatia to the European Union as it becomes its 28th Member State.

 

European Commission: appointment of new Commissioner

 

Mr Neven Mimica was named by Croatia as Commissioner-designate on 25 April 2013. President Barroso has indicated his intention to assign to Mr Mimica the portfolio of consumer protection.

After the necessary consultation of the European Parliament earlier in June, the Council will now appoint, by common accord with the President of the Commission, the new Commissioner, so as to allow him to take up his post on 1 July 2013.

 

Mr Neven Mimica is currently the Deputy Prime Minister for Home, Foreign and European Affairs of Croatia. He has a long-standing commitment to European integration with extensive experience as a Minister and diplomatic adviser.

 

Seats in the European Parliament

 

Croatia will hold 12 seats in the European Parliament. The first elections for Members of the European Parliament took place in Croatia on 14 April. In accordance with the Lisbon Treaty, the number of Members of the European Parliament must be reduced from 766 after Croatia's accession to 751 – this will be applicable for the elections in 2014.

 

European Council

 

Croatia will have 7 votes. The qualified majority threshold will raise to 260 (out of a total of 352 votes).

Washminster is back!

Finally, Washminster returns. My apologies for the delayed return. The demands on my time in June were greater than expected.

This month contains two important national days - those of France and the United States. Both celebrate a common theme - Liberty. Government's which lacked the consent of the people were ultimately removed. In both cases this involved the use of force. The Americans resisted the forces of the British Crown and eventually won the right to select their own government. In France the King resisted the will of the people - and was removed. Now both countries have systems which allow for the peaceful transfer of power. The people are regarded as sovereign.

In Britain, we have no national day - but instead enjoy the fruits of centuries of struggle for our rights. Parliament, not the Monarch is sovereign. (Recommended reading for any students of constitutional law is the book below -)



There is universal suffrage, and our liberties are now protected by the Human Rights Act 1998. Attempts by the authorities to search property or detain individuals without lawful cause were resisted by the Courts. Freedom of speech was upheld. But new challenges arise! In coming weeks this blog will consider the milestones in the histories of our shared Liberties - and the current challenges.

Welcome back!