User Preferences

  • Language - en | ga
  • text size >>
  • make this your indymedia front page make this your indymedia front page

Blog Feeds

Spirit of Contradiction

offsite link Officials and Provisionals Sat Apr 01, 2017 22:54 | James O'Brien

offsite link Interview with Cathal Goulding Mon Dec 26, 2016 17:11 | Cathal Goulding

offsite link Trump, Russia and the CIA Sat Dec 10, 2016 18:23 | Gavin Mendel-Gleason

offsite link Why is my rent so high? Mon Oct 31, 2016 18:51 | Gavin Mendel-Gleason

offsite link Review of Capitalism: Competition, Conflict, Crises by Anwar Shaikh Sun Oct 30, 2016 16:21 | Gavin Mendel-Gleason

Spirit of Contradiction >>

Public Inquiry
Interested in maladministration. Estd. 2005

offsite link Fitzpatrick decision: A Banana Republic decision

offsite link Mattie McGrath TD: A dangerous ignoramus Anthony

offsite link Religion should have no control over the political process Anthony

offsite link Diarmaid Ferriter: Denial and the language of cute hoorism Anthony

offsite link Fianna Fail liars Anthony

Public Inquiry >>

The Saker
A bird's eye view of the vineyard

offsite link Syrian War Report ? May 23, 2017: Syrian Army Expels US-backed Militants From Syrian Desert Tue May 23, 2017 19:12 | Scott
https://southfront.org/syrian-war-rep... If you?re able, and if you like our content and approach, please support the project. Our work wouldn?t be possible without your help: PayPal: southfront@list.ru or via: http://southfront.org/donate/ or

offsite link The Rothschild dynasty now officially rules France Tue May 23, 2017 17:26 | The Saker

offsite link Iran: Socialism?s ignored success story Tue May 23, 2017 14:46 | The Saker
by Ramin Mazaheri Iran just completed their presidential election, but this article will not discuss the candidates, the result or the political consequences. I work for Iran?s Press TV, which

offsite link SBU orders to destroy all evidence of the conducted special operation MH17 Tue May 23, 2017 06:26 | Scott
by Scott Humor If you want to know my opinion that hasn’t changed since 2014. The Boeing flight MH17 was shot down by the Ukrainian air force fighter jets, but

offsite link Traveler?s toothache ? Russian dentist Mon May 22, 2017 19:22 | Scott
by the Geneva Observer My tooth ache was too much. Natasha made the call. My fear of the dentist is something like the elephant and the mouse. I may not

The Saker >>

Human Rights in Ireland
www.humanrights.ie

offsite link Human Rights-Based Integration Policy and the New ?Migrant Integration Strategy? Fri Apr 28, 2017 12:33 | Cliodhna Murphy

offsite link The Citizens Assembly Proposals: A Draft Bill Tue Apr 25, 2017 20:42 | admin

offsite link NUI Galway Announce New Director of Irish Centre for Human Rights Mon Apr 24, 2017 11:50 | Eoin Daly

offsite link Barriers to first trimester abortion care. Sun Apr 23, 2017 12:31 | admin

offsite link Why would any country put abortion in the Constitution? Thu Apr 20, 2017 17:28 | Máiréad Enright

Human Rights in Ireland >>

Dublin - Event Notice
Saturday September 14 2013
02:30 AM

Anti-Internment Public Meeting

category dublin | rights, freedoms and repression | event notice author Monday September 02, 2013 19:03author by T. Ó Cléirigh - The Dublin Anti-Internment Committeeauthor email endinternment32 at outlook dot com Report this post to the editors

Stop this Human Rights Abuse

An Anti-Internment Public Meeting
Teachers Club, Parnell Sq. Dublin 1
Saturday 14 September 2.30 p.m.
Speakers: Clare Daly TD, Pauline Mellon, John McCusker and Dee Fennell
Organised by the Dublin Anti-Internment Committee
Entry free All Welcome

An Anti-Internment Public Meeting 1971 - 2013
Teachers Club, Parnell Sq. Dublin 1
Saturday 14 September 2.30 p.m.
Speakers: Clare Daly TD, Pauline Mellon, John McCusker and Dee Fennell
Organised by the Dublin Anti-Internment Committee
Entry free All Welcome

Join our Campaign and help to stop this Human Rights Abuse

author by Brian Clarke - AllVoicespublication date Tue Sep 03, 2013 09:05Report this post to the editors

Poxymoron Peace Process without Due Process British Occupied Ireland

"Due process is the legal requirement that the state must respect all of the legal rights that are owed to a person. Due process balances the power of law of the land and protects the individual person from it. When a government harms a person without following the exact course of the law, this constitutes a due-process violation, which offends against the rule of law.

Due process has also been frequently interpreted as limiting laws and legal proceedings (see substantive due process), so that judges - instead of legislators - may define and guarantee fundamental fairness, justice, and liberty. This interpretation has proven controversial, and is analogous to the concepts of natural justice, and procedural justice used in various other jurisdictions. This interpretation of due process is sometimes expressed as a command that the government must not be unfair to the people or abuse them physically.

Due process is not used in contemporary English law, though two similar concepts are natural justice (which generally applies only to decisions of administrative agencies and some types of private bodies like trade unions) and the British constitutional concept of the rule of law as articulated by A. V. Dicey and others. However, neither concept lines up perfectly with the American theory of due process, which, as explained below, presently contains many implied rights not found in the ancient or modern concepts of due process in England.

Due process developed from clause 39 of the Magna Carta in England. When English and American law gradually diverged, due process was not upheld in England, but did become incorporated in the Constitution of the United States.

By jurisdiction

England

Magna Carta

In clause 39 of the Magna Carta, John of England promised as follows: "No free man shall be seized or imprisoned, or stripped of his rights or possessions, or outlawed or exiled, or deprived of his standing in any other way, nor will we proceed with force against him, or send others to do so, except by the lawful judgment of his equals or by the law of the land." Magna Carta itself immediately became part of the "law of the land", and Clause 61 of that charter authorized an elected body of twenty-five barons to determine by majority vote what redress the King must provide when the King offends "in any respect against any man." Thus, Magna Carta established the rule of law in England by not only requiring the monarchy to obey the law of the land, but also limiting how the monarchy could change the law of the land. It should be noted, however, that in the thirteenth century these provisions may have been referring only to the rights of landowners, and not to ordinary peasantry or villagers.

Shorter versions of Magna Carta were subsequently issued by British monarchs, and Clause 39 of Magna Carta was renumbered "29." The phrase due process of law first appeared in a statutory rendition of Magna Carta in A.D. 1354 during the reign of Edward III of England, as follows: "No man of what state or condition he be, shall be put out of his lands or tenements nor taken, nor disinherited, nor put to death, without he be brought to answer by due process of law."

In 1608, the English jurist Edward Coke wrote a treatise in which he discussed the meaning of Magna Carta. Coke explained that no man shall be deprived but by legem terrae, the law of the land, "that is, by the common law, statute law, or custom of England.... (that is, to speak it once and for all) by the due course, and process of law.."

Both the clause in Magna Carta and the later statute of 1354 were again explained in 1704 (during the reign of Queen Anne) by the Queen's Bench, in the case of Regina v. Paty. In that case, the House of Commons had deprived John Paty and certain other citizens of the right to vote in an election, and had committed them to Newgate Prison merely for the offense of pursuing a legal action in the courts. The Queen's Bench, in an opinion by Justice Powys, " Wiki Article

POXYMORON PEACE PROCESS without DUE PROCESS
POXYMORON PEACE PROCESS without DUE PROCESS

Caption: Due process - Wiki Article


Related Link: http://irishblog-irelandblog.blogspot.com/
 
© 2001-2017 Independent Media Centre Ireland. Unless otherwise stated by the author, all content is free for non-commercial reuse, reprint, and rebroadcast, on the net and elsewhere. Opinions are those of the contributors and are not necessarily endorsed by Independent Media Centre Ireland. Disclaimer | Privacy