We are developing the social individualist meta-context for the future. From the very serious to the extremely frivolous... lets see what is on the mind of the Samizdata people.
Samizdata, derived from Samizdat /n. - a system of clandestine publication of banned literature in the USSR [Russ.,= self-publishing house]
|
Canberra-based libertarian blogger Tex has been asked to stand as a candidate for the Australian Senate, and has written his campaign speech. I think you willl agree with me that it is a model of Australian eloquence. On the other hand, no one can accuse Tex of taking a ‘populist’ approach.
Here it is to be observed, of what authoritie antient lectures or readings upon statutes were, for that they had five excellent qualities. First, they declared what the common law was before the making of the statute, as here it appeareth. Secondly, they opened the true sense and meaning of the statute. Thirdly, their cases were brief, having at the most one poynt at the common law, and another upon the statute. Fourthly, plaine and perspicuous, for then the honour of the reader was to excell others in authorities, arguments, and reasons for proofe of his opinion, and for confutation of the objections against it. Fifthly, they read, to suppresse subtill inventions to creepe out of the statute. But now readings having lost the said former qualities, have lost also their former authorities: for now the cases are long, obscure, and intricate, full of new conceits, liker rather to riddles than lectures, which when they are opened they vanish away like smoke, and the readers are like to lapwings, who seeme to bee nearest their nests, when they are farthest from them, and all their studie is to find nice evasions out of the statute.
– Sir Edward Coke (Institutes of the Law of England, I, 280b) ever more applicable in an age of legislative acceleration.
There are currenly more than 20 government bills in progress, several of which have profound implications for the common law and some of which MPs will have had less than two weeks notice of before they are called to vote on timetable motions to hustle them through regardless of consideration.
As a result of these increasingly numerous timetable motions, elected representatives cannot scrutinise important legislation. That means that we cannot express our views on the amendments before us; it means that the interested parties who look to us to articulate their concerns will not have their concerns reflected in discussion; and it means that our constituents will not be able, through their elected Members, to express their views on legislation. All that is profoundly wrong.
With these timetable motions, we are stripping out part of the democratic process. If that were not bad enough, we are also stripping out part of the legislative process.
– Douglas Hogg MP (Hansard 27 Nov 2000 : Column 680)
One need not sidestep a legislature in order to rule by decree. It suffices to exhaust it. Perhaps he has his own reasons for doing what he does in his own political context – and crudity is a selling point for the mob – but it makes Mr Chavez’s behaviour look unsophisticated and extemporised.
Yet again, the Leviathan crushes dreams.
Next question: is there anyone out there for whom this does not make the point of why libertarians hold the state and its defenders in deep contempt?
In light of the recent damage and imminent destruction of the right of habeas corpus in the United States of America, it is with mixed feelings I point out the following observations by James Madison (or possibly Alexander Hamilton) in Federalist Paper 53.
The important distinction so well understood in America, between a Constitution established by the people and unalterable by the government, and a law established by the government and alterable by the government, seems to have been little understood and less observed in any other country. Wherever the supreme power of legislation has resided, has been supposed to reside also a full power to change the form of the government. Even in Great Britain, where the principles of political and civil liberty have been most discussed, and where we hear most of the rights of the Constitution, it is maintained that the authority of the Parliament is transcendent and uncontrollable, as well with regard to the Constitution, as the ordinary objects of legislative provision. They have accordingly, in several instances, actually changed, by legislative acts, some of the most fundamental articles of the government.
and…
Where no Constitution, paramount to the government, either existed or could be obtained, no constitutional security, similar to that established in the United States, was to be attempted.
and…
… and hence the doctrine [of annual elections] has been inculcated by a laudable zeal, to erect some barrier against the gradual innovations of an unlimited government, that the advance towards tyranny was to be calculated by the distance of departure from the fixed point of annual elections. But what necessity can there be of applying this expedient to a government limited, as the federal government will be, by the authority of a paramount Constitution? Or who will pretend that the liberties of the people of America will not be more secure under biennial elections, unalterably fixed by such a Constitution, than those of any other nation would be, where elections were annual, or even more frequent, but subject to alterations by the ordinary power of the government?
|
Who Are We? The Samizdata people are a bunch of sinister and heavily armed globalist illuminati who seek to infect the entire world with the values of personal liberty and several property. Amongst our many crimes is a sense of humour and the intermittent use of British spelling.
We are also a varied group made up of social individualists, classical liberals, whigs, libertarians, extropians, futurists, ‘Porcupines’, Karl Popper fetishists, recovering neo-conservatives, crazed Ayn Rand worshipers, over-caffeinated Virginia Postrel devotees, witty Frédéric Bastiat wannabes, cypherpunks, minarchists, kritarchists and wild-eyed anarcho-capitalists from Britain, North America, Australia and Europe.
|
