Dear Editor,
I refer to Michael Barltrop's letter (guardian 22nd May). The very first sentence of his letter asserts it is not about politics.

From the outset his letter is consumed by politics, using evangelistic language that the earlier Suffragette movement-which was a purely political movement-would be proud.

He also refers to Clause 119, an overtly political imposition which denies justice and the rule of law, as demonstrated with the Lewisham hospital judicial review decision/judgement.

However, these are just examples of a far wider problem that justice for all referred to in Magna Carta-the only written example of inclusions in the UK's unwritten constitution-is denied by the privileges associated with sovereignty. It is often asserted the UK has an independent judiciary.

However, since politicians have the right of sovereignty, as Clause 119 demonstrates, justice is not necessarily served by Parliamentary sovereignty. Therefore, justice and the rule of law and, as the Lewisham hospital issue demonstrates, communities throughout Britain, also can become its victims. In my earlier letter to the Guardian, the date escapes me, I referred to Parliamentary Sovereignty and Parliamentary democracy.

Which of those does one consider serves justice and the rule of law in accordance with promises in Magna Carta? Or, more to the point, which of those or, if the latter is abused, both, CONFLICT with Magna Carta? The political tactic of blaming others, recently the courts, serves the purpose of propaganda, truth once again being the 'victim'.

One is also reminded in the UK we don't have a free press, as widely believed. The press is constrained by Qualified Privilege. The Lord Leveson inquiry's remit was drawn-up by politicians, who have a vested interest in further restrictions. Parliament has Absolute Privilege/sovereignty-hence Clause 119, and much more.

If I, or anyone who uses the letters page of newspapers, or use the press for self-publicity, is accused of a misdemeanour/s, one should expect their name/s to be included in reports of newspapers. However, one of the outcomes of the Leveson inquiry is that, if a report is false, a more prominent apology should be printed in the newspaper.

However, due to 'absolute' Parliamentary privilege, and newspaper constraints of Qualified Privilege, newspapers may not even be permitted to publish statements delivered under the absolute of Parliamentary Privilege, even if untrue/lies, and a 'victim'-even if aware of such-is prevented a response.

Therefore, Magna Carta, and justice, denied, and inequality in law demonstrated. Notwithstanding the above, one is, once again, reminded of the nationwide damaging effects of extremely expensive hospitals PFI/PPP contracts, the prime mover of Michael Barltrop's letter.

Bob Whitfield

 


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