The 'Rule of Law' makes no distinction between good law and bad law. For good law, 'Equality before the Law' is internationally accepted as a constitutional guarantee.
Campaign for Equality before the law for all British people
The example of the Constitution of the European Monarchy of Sweden guarantees at Article 1/9:- “Courts, public authorities and others performing functions within the public administration shall observe in their work the equality of all persons before the law and shall maintain objectivity and impartiality”.
The example of the Constitution of the Commonwealth country of Canada, provides, Article 15, (1) “Every individual is equal before and under the law and has the right to the equal protection of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, sex, age or mental or physical disability”.
The United Nations Universal Declaration of Human Rights 1948, Article 7, reads; “All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination”. An explanation of Article 7 is given by the UN:- “The principle of equality before the law is especially important for groups that are in the minority, such as indigenous people. This also means that judges, government officials and police are also answerable to the same body of law”.
Excluded from the UK Human Rights Act 1998, and UK Equality Acts, along with the deprivation of the right to equality before the law, are two important provisions of the European Convention on Human Rights 1950. They are: Article 13, which provides for: “a right to an effective remedy for violations committed by persons acting in an official capacity”, and, Protocol 12, (added to the Convention in 2000) providing: “No one shall be discriminated against by any public authority on any ground, (as Canada) plus:- “language, political or other opinion, association with a national minority, property, birth or other status”.
Why bother about equality before the law? The rule of law makes no distinction between good law and bad law. For good law, equality before the law is internationally accepted as a constitutional guarantee. It gives the individual a legal tool for an effective legal challenge against any abuse of power by state monopoly, bureaucratic racism or feudal Apartheid.
The exclusion of Cornwall and the Cornish from the provisions of the Crown Estate. The Crown Estate has confirmed:- “The Crown Estate has no holdings within the boundaries of Cornwall. The analogous landowner in Cornwall is the Duchy of Cornwall”. (Response to a Freedom of Information Request, 7th January 2005). The Crown Estate Act 1961 creates a public body required to: “exclude any element of monopoly value” in the provision of: “grants for public or charitable purposes”. These grants include affordable housing and community projects, throughout the UK except Cornwall, homeland of the Cornish, an indigenous national minority of pre-England origins with its own Celtic language, culture and traditions. Such provisions do not appear in the Duchy of Cornwall Management Act of 1982, by which, the interests of the Duchy of Cornwall are given priority by HM Treasury, e.g. the right to claim: “not criminally liable” under section 73 of the Competition Act 1998 and exemption from land registration under the Land Registration Act 2002 section 84.
Obviously, the separation of Cornwall from the Crown Estate is a priority for the Duchy of Cornwall in its assumed historic role of “English overlordship” over the Cornish nation. (The Royal Commission on the Constitution 1973, Kilbrandon Report, para.329). This priority is confirmed by the government’s refusal to provide a separate Census 2011 form for Cornwall (as for Scotland and Wales) as well as its refusal to include the Cornish within the provisions of the Framework Convention for the Protection of National Minorities. Will you support the campaign for equality before the law for all British people in order to entrench objectivity and impartiality into Acts of Parliament and the decision making process.
Stannary Information Office, Bal Lake, Camborne, Cornwall, TR14 0JG – May 2010