Rule of law in the European Union
From Mr George Curtis Letter to the Times
Sir, The Conservative policies advanced by Bill Cash (Comment, January 5) seem to me irrational — the political and intellectual equivalent of being half-pregnant. The Conservatives need to compare the fundamentals of the UK against those of the EU.
In this country we have been ruled by consent through parliamentary election since 1688. Politicians do not appoint our judges, the surest route to show trials. Judges are tasked to uphold equity, or fairness of treatment, and to seek truth in pursuit of justice. All stand equal before the law, including every politician and state employee.
That same law stands equally between every one of us and the overwhelming power of the State, which, from 1679 to 2003, could not touch anybody save through the law. An arresting authority had to produce the arrested before a magistrate in a public place, within a matter of hours, and there, with argument from both sides, justify that arrest or release the person. We live as free men under both the rule and protection of the law, which upholds the rights and liberties of the ordinary man against all comers, in particular the State, supported by a free press, whose sources are protected by law.
The rule of law means that the Government in all its actions is bound by rules fixed and announced beforehand. Thus the individual is free to pursue his personal ends, certain that the powers of government will not be used deliberately to frustrate his efforts. It is from this that the prosperity upon which democracy rises, springs.
In the European Union we are to be ruled by a few thousand unelected, unaccountable officials who largely appoint each other, cannot be sacked, and habitually meet in secret. All EU politicians and officials have a lifetime guarantee of immunity from prosecution in connection with their duties, and are presided over by a Supreme Court endowed with the power to suspend the rule of law, effectively at will. Thus, since the law cannot be known with fair certainty in advance, the EU is technically a lawless state within Europe.
The Conservatives will never regain power until they join the UKIP in defence of our country, laws and liberty.
Yours faithfully,
GEORGE CURTIS
Mr Curtis makes some interesting points, one thing occurs to me that Mr Curtis statement “The rule of law means that the Government in all its actions is bound by rules fixed and announced beforehand†is in fact recently being undermined by governments new style of law making which has the effect of removing our certainty that we are in fact on the right side of the law, and allows the government to interpret their laws in a manner which is not constant throughout the land this is contrary to the British way when we should have the right to know that we are not breaking the law. How are we, for instance, to know that we have obeyed the law if we tackle a burglar in the middle of the night?
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