tag:blogger.com,1999:blog-6110794854146484721.post2703835249384913267..comments2024-03-28T09:08:50.733+00:00Comments on Law and Lawyers: Magna Carta - is she still alive?ObiterJhttp://www.blogger.com/profile/04544226917595022902noreply@blogger.comBlogger3125tag:blogger.com,1999:blog-6110794854146484721.post-74784961377226918322014-06-24T19:40:44.052+01:002014-06-24T19:40:44.052+01:00One can do no better than to quote the esteemed Ju...One can do no better than to quote the esteemed Jurist, Anthony Aloysius St John Hancock. "Does Magna Carta mean nothing to you? Did she die in vain? Brave Hungarian peasant girl, who forced King John to sign the pledge at Runnymede and close the boozers at half past ten! Is all this to be forgotten?....Old Red Nednoreply@blogger.comtag:blogger.com,1999:blog-6110794854146484721.post-48239130924266958192014-06-18T13:29:52.064+01:002014-06-18T13:29:52.064+01:0018 June 2014
Dear Obiter J,
Thank you very much ...18 June 2014<br /><br />Dear Obiter J,<br /><br />Thank you very much for your timely article on Magna Carta. Please may I ask what you believe to be the position regarding "Do Not Rescuscitate" patients who have NOT been asked for their views, but has been placed on them by doctors "in the patient's best interests"?<br /><br />It would appear to me that we have a Charity Commission which allowed the General Medical Council to be accorded Charitable Status in 2001. The charitable object specifically referred to life and the saving of life. Wherein does it state that as a "Charitable Status", GMC-regulated doctors - and they cannot practise unless they have such licence can they in the UK? - can determine of their own accord to remove the automatic right of resuscitation status of any patient without first obtaining consent of that patient?<br /><br />I believe that Habeas Corpus, linked with Magna Carta in the minds of many people, could be argued here.<br /><br /><br />The advancement of health or the saving of lives - Charity ... <br /><br /><br />www.charitycommission.gov.uk/detailed-guidance/charitable-purposes...<br /><br />the provision of life saving or ... considering issues of charitable status. GMC’s activities ... with objects to relieve sickness and ...<br />.<br /><br />The advancement of health or the saving of lives <br /><br /><br />apps.charitycommission.gov.uk/Charity_requirements_guidance/...<br /><br />the provision of life saving or ... considering issues of charitable status. GMC’s activities ... with objects to relieve sickness and ...<br />.<br /><br />Guidance on charitable purposes - Charity Commission <br /><br /><br />www.charitycommission.gov.uk/Charity_requirements_guidance/Charity...<br /><br />To be a charity an organisation ... health or the saving of lives ; ... for charitable status by an organisation with objects to promote general charitable ...<br /><br />I would be most grateful for your views in light of the most recent caselaw on DNAR that is in the national press today.<br /><br />Thank you very much.<br /><br />Yours sincerely,<br /><br />Rosemary CantwellAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-6110794854146484721.post-16220671359044854672014-06-18T10:06:29.542+01:002014-06-18T10:06:29.542+01:00If we step back and look to where we are going fro...If we step back and look to where we are going from where we came things appear depressing. Anonymous witnesses can give secret evidence in cases where a defendant and his/her lawyers are both dependent upon the advise from a 'secrecy lawyer' because they are not permitted to view 'closed material' to mount an informed defense. The use of secretive evidence is not filling any gaps where the law fails but instead its purpose is to circumvent the need for verifiable evidence, or the Judiciary, along with national, and, international law. A Minister (politician) can effectively sweep aside an 800 year heritage of British common law development so that he, as Minister or 'Bailiff', can hold both an individual and the Judiciary ‘out of his law’. The assault on democracy and long established common law fair trial principles and international human rights guarantees are quite stark when compared against the relevant Chapters of the Magna Carta, an 800 year old document that aimed to secure rights and prevent tyranny.<br /><br />I think Lord Hoffman, in A, X and others v Home Dept. [2004] UKHL 56 gave some perspective to the Government's anti-terrorist hysteria that civil liberties need to be curtailed:<br /><br /><i><b>"96. This is a nation which has been tested in adversity, which has survived physical destruction and catastrophic loss of life. I do not underestimate the ability of fanatical groups of terrorists to kill and destroy, but they do not threaten the life of the nation. Whether we would survive Hitler hung in the balance, but there is no doubt that we shall survive Al-Qaeda. The Spanish people have not said that what happened in Madrid, hideous crime as it was, threatened the life of their nation. Their legendary pride would not allow it. Terrorist violence, serious as it is, does not threaten our institutions of government or our existence as a civil community. [2004] UKHL 56 at 96."</b></i>Christy Walshhttps://www.blogger.com/profile/04285159252818207266noreply@blogger.com