Page 112 - kpi17968
P. 112

101





                   Kings of England.  So this is not the praise that simply comes
                   fully formed.  It is a difficult one.  But I think it is important for
                   us to look back as we have the ability to do from this distance.

                         And, look at the comments of the Jurist Glanvill in 1190,
                   who said at that point, “What pleases the Prince has the force of
                   law.”  And, fast-forward to Henry Bracton in 1230, who said,
                   “The King is subject to go under law because it is the law that
                   makes him King.”  It was an obvious and clear shift, I think, that
                   really set the tone for what followed after.

                         So, that takes us to what actually the Magna Carta says.  We
                   have talked a lot about some of the principles, and I were not
                   going to get into an academic debate which, I think, was much
                   more learned and denied and has already showed how difficult it
                   is.  But it takes three of the examples or three of the key passages
                   we got from Magna Carta that make famous Chapter 39 and, if
                   you and the translators will forgive me, I will read from it.

                            “No free man needs to be arrested or imprisoned or
                       dispossessed the properties or outlawed or exiled or, in anyway,
                       destroyed.  Nor will we go against him, nor will we send
                       against him, saved by law of judgment to his peers by the law of
                       the land.”

                         So, the most famous chapter on justice still appears nostalgic
                   but, today, you have heard of embodied and trimmed principles
                   that rulers are subject to the law and the citizens are protected by
                   the law.  So said others today over the course of the conference, we
                   talk about what the rule of law means in practice.  As Professor
                   Harding made clear, it was not settled at least by his definition in
                   the UK until in the late eighteenth century.  So it took out some
                   time to bed down as well.  And from a practitioner’s point of view
                   when I said in the Prime Minister’s Office or in the Attorney’s
                   Office.  Let’s be clear, it can be very frustrating for governments.
                   And, certainly, there is no part of the law that makes the life of the
                   government an easy one.  It affected the constitutional and
                   unconstrained government entire action. That is what it is that
                   established in our constitution.   And it is set out very clear in our






                                                         การอภิปรายรวมระหวางผูแทนจากตางประเทศ
   107   108   109   110   111   112   113   114   115   116   117