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Sunday 15 November 2015

Nationalism and the Law


I attended an interesting Memorial lecture hosted by the famous Barrister’s Chambers, Farrar’s Buildings, aka “The Welsh Castle in the Temple”, for one of their most distinguished former members, Lord Gareth Williams of Mostyn, a leading Labour Lawyer, details of whose career can be found here>>>Gareth Williams, Baron Williams of Mostyn - Wikipedia, the free encyclopedia



The guest speaker was the current Lord Chief Justice of England and Wales, another distinguished Welsh Lawyer, Lord Thomas of Cwmgiedd.



In the impressive surroundings of the hall in Gray’s Inn, Lord Thomas gave a good speech, the gist of which was arguing for reform of the procedures of the judicial system and, in particular, the use of more IT, but there was no detail.



There was also a bit of an indication of the problem that distinguished barristers often have i.e. very little understanding of how organisations work.



He seemed to be saying that the reforms have got to be implemented and would be ‘top down’ directed but those affected would be required to willingly support the reforms, something of a contradiction in terms!



The Lord Chief Justice also talked energetically about the importance of the justice system as a public good in our democracy, but he did also seem to be a bit confused as to how important the judiciary itself was in that system. I think a useful reminder might have been that Judges very often have been involved in trying to impose wrong or unjust law and it has very often been English juries or English lawyers who have thwarted the imposition of such law in England and not the often careerist judiciary. Leaving those cavils to one side it was a good speech and a good evening.



After the speech was over we were served nice wine and canapes and had the opportunity to talk with some of those present which included many of the most Senior Lawyers and Judges in the country, being not only the Lord Chief Justice, but many High Court Judges and at least one Supreme Court Judge.



I won’t name any names, but from the point of view of the Cause, it was clear that our Judges are very aware of the changing national nature of “the country” or “the nation”.



I not only spoke to one High Court Judge, who is a full supporter of Welsh Independence and the separation of the Welsh legal system from the English one (I should remind readers that there are currently three separate legal jurisdictions in the so-called United Kingdom, that of England and Wales, Scotland and Northern Ireland. All three have different laws, different procedures, different systems in judicial appointment etc.). This High Court Judge was of the view that we should have a fourth jurisdiction with England and Wales being separated.



I also had a High Court Judge expressly agree with me that, if Scotland had voted to become independent and the Act of Union of 1707 therefore had to be repealed, it would have caused the dissolution, not only of the Union that was created by the Act of Union of the “United Kingdom of Great Britain”, but because Great Britain was the building block for the Union with Ireland that that Union and the Union with the EU would also have been dissolved automatically.



The only Union that England has that would not be dissolved by Scottish Independence is the 1536 Union with Wales.



From my point of view it was interesting to see that there is lively awareness amongst the judiciary of the constitutional consequences of the way things are going within the United Kingdom on the diminishing sense of Britishness and the rising sense of Englishness, Welshness and Scottishness.


19 comments:

  1. Robin,

    When are you going to study for the Rights of Audience and Higher Rights of Audience? I think it time to upskill to become a counsel dont you think?

    I do agree strongly with you that many counsels do not understand how organisations work. I did my Post Graduate Diploma in Human Resource Management in the early 1990s. That qualification requires Training/personnel professionals to understand organisational cultures and structures in order to make the Personnel/HR/Training functions deliver effective solutions to their business. Many of my professional colleagues are law graduates, some even practising lawyers themselves and they told me that they learnt a lot from the Human Resource Management PG Diploma.

    I am currently a Corporate Member of the CIPD but getting fellowship well thats all reserved for you know who ..... the common purpose nutjobs currently wrecking England.

    Francis

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  2. Very good article Robin. There is also the point that the judges are now serving two masters, which is itself illegal. But none are that willing to admit. They swear an oath on entering the profession, But then go against our English constitution and serve the EU and swear to serve that. 'The Supreme Court' is example of this judicial duplicity.
    Though I'm very glad to hear some of the judiciary are starting to see the new horizons that we all want.

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  3. The future is culture wars. Andrew Marr says that Britain and France are culturally one. Where does that leave England and the English? The English language and culture get more French all the time. England and the English have to rediscover their Anglo-Saxon roots.

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    1. The Anglo-Norman establishment is taking advantage of the attacks in Paris to further weaken Englishness. Witness the intention to have Englishmen sing the French national anthem, probably in French, at the friendly match between England and France.

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    2. English is another name for Anglo-Saxon, Anglo-Saxon is another name for English. Andrew Marr is Scottish and an establishment luvvie. If he thinks England and France are one he know nothing of English history, despite his egoistically trip in making 'historical' programmes. For a start in England it has been our tradition, (before EU occupation, of bottom up democracy such that it is, cough) In France it has been the tradition of top downward 'democracy'. And it is the French model that the EU favours.

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  4. 1536 was not a union; it was an annexation. The Welsh did not choose it, in contrast to 1707 which was a union entered into freely by the Scottish government. The union with Ireland in 1801 was also entered into freely by the Irish government of the time.

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    1. Agreed. The English did not choose any unions with Wales nor Scotland. It was the Welsh king Henry VIII who joined England and Wales. It was originally an Norman-Welsh army that invaded Ireland (before then the English had always got on with the Ireland). It was Scottish king James I, who first seriously promoted the idea of a union with Scotland and his descendent followed up on it. I say to any anti-English types, it is no good blaming the English for everything, because that is just a red herring and not the case, Far from it.

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    2. The 1707 "agreements" were agreed by the governments (mainly their rich elites) not the people of England, Wales nor Scotland or Ireland. There were no referendums. It was case of "you lot (the people of those nations) will do us you are told and just have to accept it. You have no say in the matter". Well we have all had a stomach full of that Rule.

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  5. I have been reading the UN Declaration of Rights For Indigenous Peoples again. According to introduction, the articles are cognisable in national courts. This 2007 declaration is therefore legally binding in the County Courts in England and Wales as well as the Sherriff Courts in Scotland and County Court in Northern Ireland.

    Surely the judges must have read all 42 articles of this declaration. They must surely know that the writing is on the wall for the multicultural holocaust.

    As an MCIPD I was made aware of the Mark Souster v BBC case as far back as 2000. Why has it taken the judiciary 15 years to catch up? I have used Money Claim Online since 2002 and I am not a solicitor.

    Francis

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    1. Though know about it but ignore it. The UN is a big player in the EU/NWO

      Just as they ignore in many cases Magna Carta, English Declaration of Rights, English Bill of Rights, Common law and Habeous Corpus. (in fact most MPs know nothing of these. Our English constitution

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    2. Apparently, there has been opposition to the refugee army here, even in Scotland, which surprised me. If the people knew of the horrors happening in Germany all the middle class go-gooders may be stopped in their tracks. I had hoped that Russia would bring peace to Syria with the French agreeing to join them against the Islamic State after the "West" has been bombing anybody but ISIL which has grown in size but is now on the ropes thanks to Russia and the Syrian army. But at the G20 Cameron and Obama were still saying that Assad should go. That is because they are bound by their Zionist masters and Saudi Arabia who should be in the ICC for funding and arming them. In fact, time for Russia to say that Saudi is responsible not only for the downing of their jet but for what happened in Paris as well. The Russians have pledged to hunt down those behind the bomb in the jet. Will they dare point the finger at the CIA and Mossad when they find out that they were those really responsible?

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  6. A new devolution issue to grapple with: the 'Manchester Withington Question' !

    http://www.democraticaudit.com/?p=17517

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  7. "Any plaudits he [Hollande] may receive from his reaction to the latest attacks are thought unlikely to convert into votes for the Socialist party, trailing third in the polls.

    “This could play well for the FN and Marine Le Pen,” Laurent Bouvet, author and professor of political science at the University of Versailles, said.

    “In the aftermath of events like this there is always a sense of national unity, but as we saw after Charlie Hebdo, it tends not to last very long and the debate becomes political again quite quickly.

    “Usually, events like Friday night tend to back up the line taken by Marine Le Pen and the hard right. In this case, there will be questions about whether the government did everything necessary after Charlie Hebdo and whether the latest attacks could have been prevented.

    “All this plays into the hands of a Front National that was already riding a positive dynamic even before the attacks.”

    Bouvet, whose book L’Insécurité Culturelle, published in March, examines why France's WORKING CLASS is ABANDONING THE LEFT and ready to vote FN, added: “At the moment, we are too close to the events, but I would imagine the FN will benefit electorally from this.”

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  8. MPs have taken advantage of the events in Paris to show off their fluency in French. We need a truly English language cleansed of those unnecessary foreign words which have entered our language since 1066. The French point to their language as the foremost sign of their national identity. We need a true English so that we can do likewise. Visit Anglish Moot website.to see English replacements for the foreign words.

    What is Anglish moot?

    "Unlike other nations, we no longer "own" our language. The Anglish/New English project is intended as a means of recovering the Englishness of English and of restoring ownership of the language to the English people.

    Early Opinions

    Robert of Gloucester, speaking in part of earlier centuries, in the mid to late thirteenth century said:

    ...the Norman could not speak anything then except their own speech, and they spoke French as they had done at home, and had their children taught it, too, so that important men in this country who come from their stock all keep to that same speech that they derived from them; because, unless a man knows French, he is thought little of. But humble men keep to English and their own speech still. I reckon there are no countries in the whole world that do not keep to their own speech, except England only. (Little has changed.)

    King Edward I, when issuing writs for summoning Parliament in 1295, claimed that the King of France planned to invade England and extinguish the English language, "a truly detestable plan which may God avert".

    In the Cursor Mundi, an anonymous religious poem in northern Middle English dating from approximately 1300, appears the words: "Of Inglond the nacion". The Prologue starts:

    Efter haly kyrces state Þis ilke bok it es translate, Into Inglis tong to rede, For þe love of Inglis lede, Inglis lede of Ingelond, For þe commun at understand. Frankis rimes here I redd Comunlik in ilk a sted; Mast es it wroght for Frankis man — Quat is for him na Frankis can? Of Ingelond þe nacioun, Es Inglis man þar in commun. Þe speche þat man with mast may spede, Mast þarwith to speke war nede. Selden was for ani chance Praised Inglis tong in France; Give we ilk an þar langage, Me think we do þam non outrage. To lauid Inglis man I spell...

    Þ,þ (thorn) = Th,th; lede = people; mast = most; quat = what; lauid = lewd (i.e., lay[men])

    This can be translated into modern [international] English as:

    This same book is translated, in accordance with the dignity of Holy Church, into the English tongue to be read, for love of the English people, the English people of England, for the common people to understand. I have normally read French verses everywhere here; it is mostly done for the Frenchman — what is there for him who knows no French? As for the nation of England, it is an Englishman who is usually there. It ought to be necessary to speak mostly the speech that one can best get on with. Seldom has the English tongue by any chance been praised in France; if we give everyone their own language, it seems to me we are doing them no injury. I am speaking to the English layman...

    In 1323 Henry Lambard, a cleric, was brought before a court and asked how he wished to clear himself of charges of theft. Lambard said in English that he was a cleric and was then asked if he knew Latin or French. He replied that he was English, and English-born, and that to speak in his mother tongue was proper. He refused to speak any other language except English. Refusing to give any other answer to the court, he was committed to another court to suffer peine forte et dure

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    1. Very good. Lets not forget William Barnes and William Tyndale.

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  9. A reminder: The saint's day of Saint Edmund, the patron saint of the English, falls on Friday of this week, November the 20th.

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  10. Thanks Oswald. Will definitely remind my own kith and kin.

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  11. How the French Promote and Protect Their Language
    http://www.daytranslations.com/blog/2013/09/french-promote-protect-language-2580

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  12. We do not regard the English as foreigners. We look on them only as rather mad Norwegians.
    Halvard Lange

    Ed

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