http://feeds.bignewsnetwork.com/?sid=347489When 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.
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The Courts of Britain are going to decide if the Prime Minister is King or not???
America will be watching