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B1338 - Capital Punishment (Referendum) Bill 2018 watch

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    (Original post by Connor27)
    Jammy is making reference to the idea that the GD stipulates that referendums “must relate to real life constitutional issues.” Jammy believes that this is not a constitutional issue.

    In response to that, I would argue that because Magna Carta (document that outlined habeas corpus and therefore set precedent for all legal sentencing in this country) is a part of our uncodified constitution, therefore this does qualify as a constitutional issue.

    If that doesn’t satisfy Jammy, I would say that the clause that he is obsessing over is from a non-binding section of the guidance document, it is just that, guidance, and Dayne is by no means bound to follow it.
    Would you like to cite the clauses as only 4 of the original clauses remain on the statute book and none of them are relevant to life/execution, the argument you propose means that almost any matter of law is a constitutional matter.
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    (Original post by Jammy Duel)
    Would you like to cite the clauses as only 4 of the original clauses remain on the statute book and none of them are relevant to life/execution, the argument you propose means that almost any matter of law is a constitutional matter.
    Clause 40 of Magna Carta:

    “To no one will we sell, to no one deny or delay right or justice.”
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    (Original post by Connor27)
    Clause 40 of Magna Carta:

    “To no one will we sell, to no one deny or delay right or justice.”
    Care to explain how the proposals would do ANYTHING to this given the proposal is a mere change to sentencing guidelines? Hell, to get to the point where the changes could possibly be utilised clause 40 needs to be maintained.
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    (Original post by Jammy Duel)
    Care to explain how the proposals would do ANYTHING to this given the proposal is a mere change to sentencing guidelines? Hell, to get to the point where the changes could possibly be utilised clause 40 needs to be maintained.
    I could say it depends on what your definition of justice is but I know you’ll call that out for being a subjectivist cop out.

    In which case I refer you to paragraph two of my original argument Jammy, the clause in question is not binding on Dayne, he has the discretion to discard it at will, as many speakers have done to various other elements of the GD over the years.
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