Irish Blog Whacked

Monday, September 2, 2013

POXYMORON PEACE PROCESS without DUE PROCESS BRITISH OCCUPIED IRELAND







Due process is the legal requirement that the state must respect all of the legal rights that are owed to a person. Due process balances the power of law of the land and protects the individual person from it. When a government harms a person without following the exact course of the law, this constitutes a due-process violation, which offends against the rule of law.

Due process has also been frequently interpreted as limiting laws and legal proceedings (see substantive due process), so that judges - instead of legislators - may define and guarantee fundamental fairness, justice, and liberty. This interpretation has proven controversial, and is analogous to the concepts of natural justice, and procedural justice used in various other jurisdictions. This interpretation of due process is sometimes expressed as a command that the government must not be unfair to the people or abuse them physically.

Due process is not used in contemporary English law, though two similar concepts are natural justice (which generally applies only to decisions of administrative agencies and some types of private bodies like trade unions) and the British constitutional concept of the rule of law as articulated by A. V. Dicey and others. However, neither concept lines up perfectly with the American theory of due process, which, as explained below, presently contains many implied rights not found in the ancient or modern concepts of due process in England.

Due process developed from clause 39 of the Magna Carta in England. When English and American law gradually diverged, due process was not upheld in England, but did become incorporated in the Constitution of the United States.

By jurisdiction

England

Magna Carta

In clause 39 of the Magna Carta, John of England promised as follows: "No free man shall be seized or imprisoned, or stripped of his rights or possessions, or outlawed or exiled, or deprived of his standing in any other way, nor will we proceed with force against him, or send others to do so, except by the lawful judgment of his equals or by the law of the land." Magna Carta itself immediately became part of the "law of the land", and Clause 61 of that charter authorized an elected body of twenty-five barons to determine by majority vote what redress the King must provide when the King offends "in any respect against any man." Thus, Magna Carta established the rule of law in England by not only requiring the monarchy to obey the law of the land, but also limiting how the monarchy could change the law of the land. It should be noted, however, that in the thirteenth century these provisions may have been referring only to the rights of landowners, and not to ordinary peasantry or villagers.

Shorter versions of Magna Carta were subsequently issued by British monarchs, and Clause 39 of Magna Carta was renumbered "29." The phrase due process of law first appeared in a statutory rendition of Magna Carta in A.D. 1354 during the reign of Edward III of England, as follows: "No man of what state or condition he be, shall be put out of his lands or tenements nor taken, nor disinherited, nor put to death, without he be brought to answer by due process of law."

In 1608, the English jurist Edward Coke wrote a treatise in which he discussed the meaning of Magna Carta. Coke explained that no man shall be deprived but by legem terrae, the law of the land, "that is, by the common law, statute law, or custom of England.... (that is, to speak it once and for all) by the due course, and process of law.."

Both the clause in Magna Carta and the later statute of 1354 were again explained in 1704 (during the reign of Queen Anne) by the Queen's Bench, in the case of Regina v. Paty. In that case, the House of Commons had deprived John Paty and certain other citizens of the right to vote in an election, and had committed them to Newgate Prison merely for the offense of pursuing a legal action in the courts. The Queen's Bench, in an opinion by Justice Powys, 







CHRIS HEDGES SYRIA OBAMA REAL NEWS


People of the World are Fighting Back

What the deluded Americans do not seem to realize is that they are on their own. The only entities willing to support their aggression on Syria is Saudi Arabia and Israel.

By Finian Cunningham
August 31, 2013 "Information Clearing House -  The United States of America stands exposed in the eyes of the entire world as the number-one terrorist threat to the future of humanity. Many have known this fact already, but now it is universally clear.

As the US prepares to launch an overt war on Syria (the covert war has been raging for 30 months), the vast majority of humanity can finally see through all its decades of pretense and conceit as the world’s model of democracy and international law. And what they see is the ugly opposite. The US is a terrorist state that holds international law, democracy and human rights in utter contempt. It is ready, as it always has been, to kill countless civilians for its selfish political ambitions. That is the conventional definition of “terrorism”.

Syria’s President Bashar al-Assad made a profound point recently when he said that his country has faced aggression for more than two years, but only now is the real enemy revealing itself - the US and its minions. But the US terrorist state is not just being called out over Syria. It is being revealed as the enemy to the entire world.

From past wars in the Caribbean, Central America, Philippines, Vietnam and Indochina, through coups and covert ops in Iran, Iraq, Africa, to recent killing fields in Afghanistan, Yemen, Pakistan and Somalia, the historical picture is now complete. All these conflicts and many more - too many to mention here - integrate into one indisputable truth. The US is the world’s biggest terror state. If it is not dealt with definitely, then the future of the world is in peril more than ever.

In previous crimes of aggression, the US ruling elite could invoke the spurious cover of “a coalition of the willing”, or the abused authority of the United Nations or NATO. It was able to do that through deployment of lies, fabrications and a supine mass media that would lend credibility to the mendacity. Now, thanks to alternative, critical media and instant global communications, the American lies don’t work any longer. In an instant, they are exposed; just like the attempt in the last few hours of US Secretary of State John to frame up Syria over alleged chemical weapons use.

The New York Times, BBC and the usual Western media mouthpieces for imperialist propaganda dutifully facilitated Kerry and his US state terrorism with bombastic, important-sounding headlines: “Kerry lays out evidence against Syria”. There was hardly a critical question raised, even though there are grounds for dozens such questions. Years ago, that kind of herd-think might have been enough to buy the US warmongers enough time to launch a war - but not any more. Within minutes of Kerry’s supposedly definitive condemnation, statements, articles, tweets and blogs were pulling the charade asunder, showing that apart from Western-media-amplified bombast, Kerry was not saying anything of value. It was just another risible repetition of earlier hyperbole and empty rhetoric. Or in short, lies.

The people of the world have reached a critical mass of intolerance towards the rogue terror states of the US, Britain, France, Israel and a few other accomplices. We have watched their relentless mass murder and exploitation of fellow humans in Asia, Africa, and the Americas. We have witnessed how this tiny group of state terrorists imposes on the vast majority of humanity their vile criminality and in the process then insult us with grotesque lies and justifications. We have seen how these rogue states have stolen land, poisoned people’s water, burnt their crops, dispossessed their homes, assassinated families with aerial drones and ground drones in the form of death squads. They have committed all these shocking crimes with lies and impunity to the point where now these state terrorists are operating in more than one country simultaneously in a permanent state of relentless war, pushing the very future of humanity to the brink.

However, despite this lawlessness and gangsterism, the people of the world are fighting back.

This week the British parliament voted against the London government’s arrogance to provide its usual criminal special relationship to the Americans. In the execution of past war crimes in Afghanistan, Iraq and Libya - to mention a few - Washington could rely on the trusty British imperialists to give a veneer of “coalition of the willing”. British premier David Cameron’s plans to repeat the criminality by backing Washington’s plans to bomb Syria were dealt a crushing blow by the British parliament voting against any such military action. Cameron was forced to withdraw. The vote in the British parliament is not so much a sign of ethics among Britain’s political class. It is
more a reflection of the global awakening among ordinary citizens that this insane state terrorism must stop.

The French government has also backed off earlier bellicose bravado, with French President Francois Hollande belatedly calling for a “peaceful, political solution” over the Syrian crisis. Even Washington’s reliable Canadian puppet Prime Minister Stephen Harper has said that his country will not be getting involved military in Syria. It is also reported that 10 members of the NATO alliance - one-third of the total - are not willing to support American strikes. This latter grouping comprises the usual minions of the US. And we haven’t even yet acknowledged the more strident opponents, such as Russia, China, Iran and the majority of nations elsewhere in Asia, Africa and the Americas.

The people of the world have had it with elite Western rulers acting as terrorists who are holding humanity to ransom. The rulers are presiding not only over military terrorism. They are inflicting economic, social and ecological terrorism with their bankrupt capitalist smash-and-grab system. That system has reached the point of meltdown and that is why we are being pushed into relentless wars - in order for the rulers and their politician puppets to corner the remaining resources. The ultimate solution to end the wars is for the people to overthrow the economic system that US and Western elite rulers preside over. The insane criminality of the US rulers over Syria is exposing this historic challenge facing humanity.

After the British parliamentary setback the US Secretary of Defense Chuck Hagel said: “Our approach is to continue to find an international coalition that will act together. It is the goal of President Obama and our government... whatever decision is taken, that it be an international collaboration and effort.”

Can you believe how ridiculous these American puppets sound? What the deluded Americans do not seem to realize is that they are on their own. The only entities willing to support their aggression on Syria is Saudi Arabia and Israel. So, how’s that for credibility? The only support Washington can muster is from a feudal, sword-wielding, head-chopping regime and a criminal pariah genocidal state. Coalition of the Willing? More like Coalition of the Killing.