“It is a principle of our law that fundamental freedoms cannot be invaded or overruled unless the law specifically allows it”

Both videos are found on an American post titled ‘I couldn’t breathe’: Aussie woman dragged from car in dramatic altercation with police at lockdown checkpoint (VIDEO). And no matter how you look at it, it is impossible to defend the police. It would not have mattered had they arrested her for some reason associated with CV-19, but madly that was not even why.

An officer had told her that it was illegal to have a mobile phone mounted on a windscreen and that the device was obstructing her view.

This tweet contains footage similar to the original video which has already been widely seen with commentary by Rita Panahi.

This is an extended video of the aftermath at the “scene of the crime”.

This is more than just an Australian story, although it is shameful just as it is. Peter Hitchens writes with regard to the UK: How the Government is wading into the swamp of despotism – one muzzle at a time. What he writes applies to Australia as much as it does to the UK.

The Government has no legal right to impose the severe and miserable restrictions on our lives with which it has wrecked the economy, brought needless grief to the bereaved and the lonely and destroyed our personal liberty.

This is the verdict of one of the most distinguished lawyers in the country, the retired Supreme Court Judge Lord Sumption.

He said last week in a podcast interview: ‘I don’t myself believe that the Act confers on the Government the powers that it has purported to exercise.’He was referring to the Public Health Act of 1984, the basis for almost all the sheaves of increasingly hysterical decrees against normal life which the Health Secretary Matt Hancock has issued since March. I promise you that it is not usual for a retired senior judge to use such language in public.

This 1984 Act was drawn up mainly to give local magistrates the power to quarantine the sick.

Nothing in it remotely justifies these astonishing moves – house arrest, travel restrictions, harsh limits on visiting family members, interference with funerals and weddings, closure of churches, compulsory muzzles, bans on assembly and protest.

English law just does not allow an Act of Parliament to be stretched so far.

Lord Sumption was referring to the Public Health Act of 1984, the basis for almost all the sheaves of increasingly hysterical decrees against normal life which the Health Secretary Matt Hancock (above) has issued since March. I promise you that it is not usual for a retired senior judge to use such language in public. +4
Lord Sumption was referring to the Public Health Act of 1984, the basis for almost all the sheaves of increasingly hysterical decrees against normal life which the Health Secretary Matt Hancock (above) has issued since March. I promise you that it is not usual for a retired senior judge to use such language in public.

Magistrates are never given such powers. It is a principle of our law that fundamental freedoms cannot be invaded or overruled unless the law specifically allows it.

We seem to have found a very important flaw in how our laws are drafted and applied. The elections to come will be about little else but remedying these major flaws in our legal systems.

In the meantime, read the whole of Hitchens’ article.

1 thought on ““It is a principle of our law that fundamental freedoms cannot be invaded or overruled unless the law specifically allows it”

  1. Pingback: “It is a principle of our law that fundamental freedoms cannot be invaded or overruled unless the law specifically allows it” - The Rabbit Hole

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