Thursday, April 24, 2008

Mr Justice Collins Strikes Blow Against UK Government's Assumption Of Dictatorial Power


See my previous post Terror Or Freedom? commenting on The Times' prediction that Mr Justice Collins was about to deliver another body blow to the UK government's draconian anti-terror laws. They were right: see the title link.

Let me make it clear. I have no quarrel with very strict anti-terror laws. There are only two provisos. The laws must be (a) proper laws approved by Parliament and (b) in accordance with fundamental human rights.

Mr Justice Collins, I think, agrees. I do not suggest that he agrees with any other of my comments.

It is simply wrong that by executive action the government can freeze assets on the basis of undisclosed information and provide no effective avenue of appeal. This is such a fundamental breach of the rule of law that such actions are insupportable in a society that professes itself to be democratic and free.

The imposition in this way of such laws is characteristic of a dictatorship not a democracy. If the court's were to countenance laws of this kind they would be acquiescing, at the very least, in government by an oligarchy.

Thus any appeal must fail. If it does not then democracy has been abolished in this country.

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