The ‘Bill of Rights Act 1688/9’; is an Act; Declaring the Rights & Liberties of the Subject and Settling the Succession of the Crown; it is a "Constitutional Statue" and may not be repealed impliedly.
This was stated in the case ‘Thoburn v City of Sunderland’; the decision commonly referred to as the "Metric Martyrs" Judgment.
This was handed down in the ‘Divisional Court’ (18 February 2002) by ‘Lord Justice Laws’ and ‘Mr Justice Crane’; (i: will paraphrase, but have included a copy herein; of the judgment's relevant sections (62 & 63).
62) "We should recognise a hierarchy of ‘Acts of Parliament’: as it were "ordinary" Statutes and "Constitutional Statues".
The special status of "Constitutional Statues" follows the Special Status of ‘Constitutional Rights’.
Examples are the ‘Bill of Rights Act 1689’
63) "Ordinary Statutes may be impliedly repealed, Constitutional Statues may not… I am not aware that the ‘Road Traffic Act 1991’ makes express reference to repealing clause (39) & (40) of the ‘Magna Carta 1215’; and the ‘Bill of Rights Act 1688/9’, therefore; there can be; “no fine & or conviction” before a ‘Trial by Jury’ and is therefore imperative and absolutely necessary that; ‘Due Process of Law’ is followed and evidenced before a; “fine, penalty and/or forfeit and/or or conviction” can be imposed.”…
“It is therefore; important to consider the implications of any attempt to override and abrogate the provisions of the said; clauses (39) & (40) of the ‘Magna Carta 1215’; and the ‘Bill of Rights Act 1688/9’; and the ‘Constitutional’ considerations of doing so.”
“It will then be necessary to understand the ‘Constitutional’ considerations of ignoring the ‘Magna Carta 1215’ ~ the ‘Declaration of Rights 1688’ & the ‘Bill of Rights Act 1688/9’. And the criminal implications of liability and consequences of doing so.”
Maxims of Law
“The Common law is superior to and overarches statute law, in every case.” ~ “A statute should be harmonious with the Common Law.” ~ “Statutes are not law, and no Act, placed on the statute books as law is valid if it waives a fundamental right in order to comply with the demands of something called the state (or government).
And; i: am; without evidence; knowledge or understanding; that any evidence to the contrary exists;
This was stated in the case ‘Thoburn v City of Sunderland’; the decision commonly referred to as the "Metric Martyrs" Judgment.
This was handed down in the ‘Divisional Court’ (18 February 2002) by ‘Lord Justice Laws’ and ‘Mr Justice Crane’; (i: will paraphrase, but have included a copy herein; of the judgment's relevant sections (62 & 63).
62) "We should recognise a hierarchy of ‘Acts of Parliament’: as it were "ordinary" Statutes and "Constitutional Statues".
The special status of "Constitutional Statues" follows the Special Status of ‘Constitutional Rights’.
Examples are the ‘Bill of Rights Act 1689’
63) "Ordinary Statutes may be impliedly repealed, Constitutional Statues may not… I am not aware that the ‘Road Traffic Act 1991’ makes express reference to repealing clause (39) & (40) of the ‘Magna Carta 1215’; and the ‘Bill of Rights Act 1688/9’, therefore; there can be; “no fine & or conviction” before a ‘Trial by Jury’ and is therefore imperative and absolutely necessary that; ‘Due Process of Law’ is followed and evidenced before a; “fine, penalty and/or forfeit and/or or conviction” can be imposed.”…
“It is therefore; important to consider the implications of any attempt to override and abrogate the provisions of the said; clauses (39) & (40) of the ‘Magna Carta 1215’; and the ‘Bill of Rights Act 1688/9’; and the ‘Constitutional’ considerations of doing so.”
“It will then be necessary to understand the ‘Constitutional’ considerations of ignoring the ‘Magna Carta 1215’ ~ the ‘Declaration of Rights 1688’ & the ‘Bill of Rights Act 1688/9’. And the criminal implications of liability and consequences of doing so.”
Maxims of Law
“The Common law is superior to and overarches statute law, in every case.” ~ “A statute should be harmonious with the Common Law.” ~ “Statutes are not law, and no Act, placed on the statute books as law is valid if it waives a fundamental right in order to comply with the demands of something called the state (or government).
And; i: am; without evidence; knowledge or understanding; that any evidence to the contrary exists;
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