Wednesday 29 May 2013

State Illegality

I trust you have all seen the reports about how Britain has been detaining over 90 Afghan nationals in a camp in Afghanistan for the past 12 to 15 months without charge, access to lawyers or even the knowledge of why they are being held. You are fed up with me telling you how we are totally under the spell of all things American, but here is concrete evidence. This may be our Guantanamo Bay.

Regardless of what you may think about the Afghans, this is outright illegal behaviour by the British government, and, one of the oldest principles of democratic government, going back to its infancy in Greece, is that if the government refuses to abide by the law, then no-one else is obliged to either. A lawless government is no government, it has neither authority, legality, or moral basis for its rule. The corruption of the Westminster parliament is almost complete. In 1928, the Supreme Court Justice Louis Brandeis stated that If the government becomes a law-breaker, it breeds contempt for the law. It invites every man to become a law unto himself. It invites anarchy.’ St Thomas Aquinas argued that we cannot be bound to obey laws that are manifestly unjust because laws that violate reason are not laws, they are something else. Thus, even if the government claims a form of legality for its treatment of the Afghanis they are incarcerating, their obvious unjustness disqualifies them as reasonable measures.

As far back as the Roman Empire, the Roman jurist Pliny the Younger stated that the Prince is not over the law, but the law is over the Prince. Despite these warnings over the centuries, our government is putting itself and its agencies above the law whenever it suits them and in the UK we are losing our claim not only to be a democratic and legal society but also hold to fundamental principles going back over the centuries. In ancient Athens, the Athenian statesman, Pericles argued that
"Our polity does not copy the laws of neighboring states; we are rather a pattern to others than imitators ourselves. It is called a democracy, because not the few but the many govern. If we look to the laws, they afford equal justice to all in their private differences; 

The English philosopher John Locke stated that "wherever law ends, tyranny begins." and, in his definition of the rule of law, Lord Thomas Bingham states that
"ministers and public officers at all levels must exercise the powers conferred on them in good faith, fairly, for the purpose for which the powers were conferred, without exceeding the limits of such powers and not unreasonably" and that "the law must afford adequate protection of fundamental human rights”

As a result, we can safely conclude that the UK is in the process of abandoning the rule of law. In 1821, 100 years before the Nazi takeover in Germany, the German author Heinrich Heine wrote
 "Where they have burned books, they will end in burning human beings.” He was right, and they did.

The British government is in the process of destroying human rights, and has been since at least the election of Blair although it was Thatcher who began the process. In order to destroy rights, they must abandon the rule of law and where they have incarcerated Afghans without charge, access to a lawyer, or revealing why they have been incarcerated, they will end up incarcerating British citizens. You have been warned.

Your Servant
Doktor Kommirat 

 

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