Wednesday, 20 March 2013

Draft Press Regulation Royal Charter not worth vellum it will be printed on

Clause 9 of proposed Royal Charter for Self-Regulation of the Press:

(it is very British for us to regulate the Press in 2013 using a medieval power, medieval language in a medieval instrument:
NOW KNOW YE that We by Our Prerogative Royal of Our especial grace, certain knowledge and mere motion do by this Our Charter for Us, Our Heirs and Successors will, ordain and declare as follows:):

9.1. A provision of this Charter may be added to, supplemented, varied or omitted (in whole or in part) if, and only if the requirements of Article 9.2 are met.
9.2. Before any proposal (made by any person) to add to, supplement, vary or omit (in whole or in part) a provision of this Charter (“proposed change”) can take effect a draft of the proposed change must have been laid before Parliament, and approved by a resolution of each House. For this purpose “approved” means that at least two thirds of the members of the House in question who vote on the motion do so in support of it.
9.3. The Recognition Panel may only propose a change to the terms of this Charter if a resolution has been passed unanimously by all of the Members of the Board, who shall determine the matter at a meeting duly convened for that purpose.
9.4. The provisions of Article 9.2 do not apply to a proposed change to the Charter that is required merely to correct a clerical or typographical error.
9.5. Provided the terms of Article 9.2 have been met, any such addition, supplement, variation or omission shall, when approved by Us, Our Heirs or Successors in Council, become effective so that this Charter shall thenceforth continue and operate as though it had been originally granted and made accordingly.

Dicey (see last post)

Parliament means, in the mouth of a lawyer (though the word has often a different sense in conversation) The King, the House of Lords, and the House of Commons: these three bodies acting together may be aptly described as the "King in Parliament", and constitute Parliament. The principle of Parliamentary sovereignty mean neither more nor less than this, namely that Parliament thus defined has, under the English constitution, the right to make or unmake any law whatever: and, further, that no person or body is recognised by the law of England as having a right to override or set aside the legislation of Parliament.—A.V. Dicey Introduction to the Study of the Law of the Constitution (1885)

Royal Charter on Self-Regulation of the Press (Amendment) Act 2016, passed by a simple majority of both Houses of Parliament in Ye Olde Fashion:

Section 1: "Clause 9 of the Charter shall have no effect"
Section 2: "The Charter shall be amended in accordance with Schedule 1"

Oh dear.........

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