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I have come across many laws around the world that are not really legal, for instance does the government have the right under a constitution to force you to buy car insurance when it doesnt supply cover of its own that is affordable for all citizens, ie schools and hospitals are offered by the government with private alternatives, can Mad Ken charge the congestion charge as this and some parking regulations may be ill legal under British or EU law or may contravene and Code of Conduct of the United Nations, We have had a case in Australia where our states were collecting fuel Tax and under the law they were not allowed to do so. I did have these laws some where and it takes forever to find them again.
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Jurisprudence sample exam question:
"Are all laws legal" - discuss :-)
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As we don't have a written constitution in the UK, that question can't be answered simply. Our legal profession would advocate both sides of that argument for a very long time, but only if their fees are being paid.
What's a democracy, what's the rule of law?
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...and does this have anything to do with motoring? If so, it needs making a bit clearer, please.
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...and does this have anything to do with motoring? If so it needs making a bit clearer please.
I would have thought the validity of laws governing motor insurance, congestion charging and fuel duty is motoring related?
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Well under the Bill of Rights 1689 it states "That all grants and promises of fines and forfeitures of particular persons before conviction, are illegal and void."
So parking and speed camera fines could be illegal, as to be convicted of an offence you have to be tried by a court of law.
It also states "That excessive bail ought not to be required, nor excessive fines imposed; nor cruel and unusual punishments inflicted." So the excessive costs and fines given to drivers for fighting traffic offences and arbitary removal of people's driving licenses for non-driving related offences could be illegal.
Mind you it also says "That the subjects which are protestants, may have arms for their defence suitable to their conditions, and as allowed by law." So maybe it should be legal for protestants to carry guns or knives in dangerous areas? :-)
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Being required to make a statement, incriminating oneself under threat of prosecution and without the benefit of the rules laid down in PACE would seem to be illegal but it happens about 500,000 time a year ie filling in a NIP! Welcome to Gulag UK!
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>> ...and does this have anything to do with motoring? If so it needs making a >> bit clearer please. I would have thought the validity of laws governing motor insurance congestion charging and fuel duty is motoring related?
PoloGirl to lose one moderators merit star for that reply!! :-))
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I've often wondered about this one.
Apparently it's illegal for a motorist to warn another motorist about a speed trap by waving, flashing headlamps and so on, but it seems to be legal to put up large signs warning motorists of a speed trap. As far as I understand things, one motorist warning another is obstructing the course of justice, and the signs are doing the same thing.
Whats the difference ?
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If you flash your headlights to another motorist, in an effort to warn them about a camera etc, with the intent that they get away with being caught for an offence, then potentially you're attempting to pervert the course of justice...because without you they'd be nabbed and within the criminal justice system and you're trying to help them get off
however, if you did the same flashing (oo er missus) with the intent to warn someone of a dangerous part of road and you were simply being public spirited etc....then you wouldn't be committing an offence at all......
in the same fashion as if you wallop hell out of a burglar, cos you're annoyed he broke in, then you're guilty of assault......however if you wallop hell out of a burglar because you're in genuine fear for your or your families safety, then you're entitled to do that...(within a degree of reason)
it's knowing what to say half the time......and the genuine decent folk wouldn't have a clue..whereas the unpleasant oik does.....it's the way it goes
"repeated post deleted on this" said he wagging his finger ;-} - PU
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In Britain parliament is sovereign and can theoretically pass any law it wishes. Some British (i.e. English or Scottish) laws can apply to our citizens outside the UK - for instance on matters like 'sex tourism' and also hijacking of aircraft. Anyone, anywhere in the world, is breaking our laws if they hijack any aircraft to anywhere, so that if they ever visit Britain they can be arrested, tried and, if convicted, imprisoned here.
Only parliament can overturn a law here. The EU, or perhaps a judge here, can rule that the government has broken this, that or the other rule or guideline, but parliament has to be the one that changes it (or also the prime minister or cabinet, using the Royal Prerogative, I think I'm right in saying)
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Idris was an early member of the BR by the way...
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None & Westpig - a lorry driver who was charged and convicted of obstructing etc by flashing his lights to warn of a speed trap was acquitted on appeal on the grounds, stated by the learned judge, that it could not be proved that anyone slowed down as a result of his action and therefore no obstruction had been caused or occurred.
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Someone flashed me in Spain last year and I backed off to the limit or so. Over the next crest was bikeplod busily busting rapid Spanish drivers who had just gone by.
Made me feel quite wimpish, but not unhappy.
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