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ministerial code that all ministers must operate strictly within the
rule, within the law. Big question to what the law is, of course, but
not so far we are going to find that and look at this. It is very
clear, I think, from the principles of Magna Carta for government
to work through the law and not in spite of it.
The second principle I would like to just flag out, which
goes to the Greater Magna Carta, “What is the liberty of the
individual?” I will just pause again to note another thing to
celebrate, which is the cases we have talked about the difference
and later are our legal systems and common law cases in the UK.
which are presently important and have a hugely significant role
in our legal system. But in case of Carrington which is 250 years
old this year as well. And that concerned the delicate balance
again between the needs of an affected government and the
freedom of individuals to oppose such government and to reserve
their rights before the courts. That case involves Mr. Carrington
who was the King’s messenger.
He had broken in to the home of Mr. Entick, a writer with,
as quoted, force and arms. And over the course of 4 hours, he
opened locks, he broke down doors, he searched all rooms before
removing pamphlets, papers and researches and causing thousands
of Pound (Sterling) worth of damage. 5
The King’s messengers were not acting arbitrarily, they were
acting on the orders of the Government Minister, Lord Halifax.
But Mr. Entick challenged that on the court. That was the first
time made very clear that such action was illegal. As recognized,
there could be limits placed on liberty but on dry constitutional
place of parliament to democracy, if parliament wanted to admit
the arrest or detention, it had to legislate to do so. For us, the
principal legality started to retake form and shape and power.
But it is also recognition, I think personally, that government
power must be exercised in accordance to the law. But the object
of the law is also to void the arbitrary use of that power. And how
do we do that? I think, there we come to one of the third
5 Entick V. Carrinton, 1765
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