Monday 25 November 2013

The corporate councils and the CSA may want read this...

Halsburys Law states administrative courts unlawful. 

The law is absolutely clear on this subject. There is NO authority for administrative courts in this country and no Act can be passed to legitimise them because of the constitutional restraints placed upon her Majesty at Her coronation. The collection of revenue by such means is extortion, and extortion has been found reprehensible since ancient times.  
Separation of powers Today, in the year 2011, we find for example, that in the council tax regulations, the billing authority, the prosecuting authority and the enforcement authority are all vested in the same body. The same bodies even purport to issue their own legal documents, by tacit agreement with the Courts. In our system of Common Law, the rule of law demands that we have a separation of powers. Today, the powers are not separated. The executive is not a distinct, free-standing leg of the tripod. The executive now emerges directly from within the elected Chamber of the legislature where previously it emanated directly from the Monarch. That leads to constitutional confusion—because the executive has seized and misuses Parliament’s democratic credentials for its own, destructive, purposes. 
Fortunately, we have something to which we can turn to preserve our ancient laws and freedoms. We have the Oath that Her Majesty The Queen took at her coronation by which she is solemnly bound and from which no one in England, Wales and Scotland has released her. At Her Coronation the Queen swore to govern us, “according to [our] respective laws and customs”. Certainly, among our reputed “customs”, is precisely that invaluable and widely admired tripartite division of the powers. The judiciary is part and parcel of our customary system of internal sovereignty—“the Queen in Parliament”. It is one of the three separate but symbiotic powers, and it is a capricious and self-serving contention that it should not have the power to preserve the authority of the legislature over the executive. It is a constitutional principle that the assent of the Queen & Parliament is prerequisite to the establishment of a Court which can operate a system of administrative law in Her Majesty’s Courts in England. This was confirmed by Lord Denning during the debates on the European Communities Amendment Bill, HL Deb 08 October 1986 vol 480 cc246-95 246 at 250: “There is our judicial system deriving from the Crown as the source and fountain of justice. No court can be set up in England, no court can exist in England, except by the authority of the Queen and Parliament. That has been so ever since the Bill of Rights."

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