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British government reels from high court ruling

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lovuian Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Apr-11-08 11:40 PM
Original message
British government reels from high court ruling
http://feeds.bignewsnetwork.com/?sid=347489

When Tony Blair intervened to get Britain's Serious Fraud Office investigation into BAE's alleged corruption in Saudi Arabia stopped on grounds of national security, few people believed a legal challenge could succeed.

When it comes to protecting the lives and security of the nation, the courts allow the executive 'an especially wide margin of discretion', noted the judges in this case. This week's judgment that the SFO director acted unlawfully in dropping the inquiry is therefore a major blow to the British government - and its ability to sweep controversial issues under the carpet.

The ruling has seriously constrained the government's ability to invoke national security without scrutiny. The courts have increasingly been standing up to the government in relation to terrorism cases and slowly staking out the limits to its powers. But a challenge to a decision to quash a prosecution on national security grounds through a judicial review is unprecedented.

The high court has made clear that national security arguments cannot be used to override the rule of law. 'It is obvious,' it says, 'that the decision to halt the investigation suited the objectives of the executive. Stopping the investigation avoided uncomfortable consequences, both commercial and diplomatic.' The judges in effect accused the government of abusing national security arguments as a cloak for other more cynical motives.
more...

The Courts of Britain are going to decide if the Prime Minister is King or not???
America will be watching
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The Magistrate Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Apr-12-08 12:28 AM
Response to Original message
1. Excellent News, Sir!
Absolutely the correct decision by the court. Hopefully, it will set a fashion....
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hootinholler Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Apr-12-08 08:49 AM
Response to Reply #1
3. Indeed, there may be hope...
Perhaps a fad will catch.

-Hoot
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lovuian Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Apr-12-08 01:31 PM
Response to Reply #3
6. yep
:woohoo:
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HCE SuiGeneris Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Apr-12-08 12:37 AM
Response to Original message
2. Can we have some reform in our courts to mitigate the political ploys to influence judges
with a particular affinity towards one party or another? It is long overdue.
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spanone Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Apr-12-08 09:01 AM
Response to Original message
4. bu$h* administration would simply ignore the court
Edited on Sat Apr-12-08 09:01 AM by spanone
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Blackhatjack Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Apr-12-08 09:16 AM
Response to Original message
5. Just shows how far Amercia has fallen as a Democracy based on the Rule of Law....
England may indeed lead the way back to the standard the United States once exhibited to the world.

CAn we take a hint?
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muriel_volestrangler Donating Member (1000+ posts) Send PM | Profile | Ignore Sat Apr-12-08 06:30 PM
Response to Original message
7. But then the Tory opposition steps in to support the government in the coverup
Conservatives back inquiry powers

The Tories have backed government plans for new attorney general powers to halt inquiries in the national interest.

The move comes after the High Court said the Serious Fraud Office acted unlawfully by dropping its corruption inquiry into the al-Yamamah arms deal.
...
Shadow foreign secretary William Hague said the question remained whether the al-Yamamah investigation was called off for reasons that were exceptional.

But he strongly backed the principle that governments should be able to set aside an investigation if there is a serious threat to national security.

http://news.bbc.co.uk/1/hi/uk_politics/7343946.stm


Because (a) the bribes started under the previous Conservative government (b) the Tories think they have a chance of getting in at the next election, and it would be handy to stop awkward and embarrassing investigations.

So it looks like nothing will change, thanks to the 2 largest parties colluding to put themselves beyond the law.
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