tahewett
Robert Reich
Simon Zerafa (Status: 
π)Technically the King is above the law.
What would happen in the event that evidence of a criminal act were discovered is an interesting question.
A constitutional crisis certainly.
Alanna π³οΈβππ³οΈββ§οΈ@simonzerafa @rbreich Yep, the British Monarch is above the law IIRC.
Gentleman Programmer@kelpana @simonzerafa @rbreich I thought not since Magna Carta, which "subjects an otherwise absolute monarch or executive and all free people within its jurisdictions to legal doctrines known as the general principles of law."
?
https://en.wikipedia.org/wiki/Rule_of_law_in_the_United_Kingdom?wprov=sfla1
It's more about the structure of how criminal law is administered. You are tried in the name of the monarch. That means it's not possible for the monarch to prosecute themselves.
The monarch is subject to legal enforcement by Parliament however laws have to be given royal ascent, which theoretically the monarch could refuse to do.
In practice they don't because if they did they would simply be ignored or bypassed completely, those loosing what power they have.
It's a very carefully balanced set of powers and traditions π
@simonzerafa @kelpana @rbreich Interesting!
However, there is a precedent for the king of England being prosecuted, and for a law being passed without royal assent.
So I maintain that the monarch of the UK isn't above the law.
However, there is a precedent for the king of England being prosecuted, and for a law being passed without royal assent.
So I maintain that the monarch of the UK isn't above the law.
No they aren't. But the mechanisms to enforce the law against the monarch just really isn't there π€·ββοΈ
The only real president is the Civil War, and that was legally questionable and not really an acceptable resolution today.
The monarch would be deposed legally. If the monarchy remained after that is an open question.
@simonzerafa @sjjh @rbreich Which is why ye need to get a proper written constitution ASAP.
Edit: Do you mean president or precedent? π
@kelpana @simonzerafa @rbreich I'm British and I'd like an elected head of state, like the Republic of Ireland has.
The USA, Iran, and Russia for example all have written constitutions. I'd rather live in the UK than any of those places so.
The USA, Iran, and Russia for example all have written constitutions. I'd rather live in the UK than any of those places so.
@sjjh @simonzerafa @rbreich Ireland also has a written constitution, which replaced the British Monarch with an elected head of state. π
The "U"K is heading down the same road as the USA too by the look of it.
HighlandLawyer@simonzerafa @sjjh @kelpana @rbreich
In Scotland one is prosecuted by the Lord Advocate, who could in theory prosecute the monarch in accordance with their oath De Fideli Administratione despite (nominally) having been appointed to office by the monarch. Likewise for the judge hearing the case.
The practical issues however would be a whole other kettle of constitutional crisis.
In Scotland one is prosecuted by the Lord Advocate, who could in theory prosecute the monarch in accordance with their oath De Fideli Administratione despite (nominally) having been appointed to office by the monarch. Likewise for the judge hearing the case.
The practical issues however would be a whole other kettle of constitutional crisis.
πΈππππππ₯ ππ π¦πππ€ π@kelpana @simonzerafa @rbreich
The last UK monarch to be removed by Parliament was less than 100 years ago (Edward VIII). No new law was required, and his head remained attached to his body, but he was exiled.
Narcissist@Ankitayadav @simonzerafa @rbreich Right and the "constitutional" law of The "United" Kingdom has been used by British governments to justify atrocities like torture, massacre, spying, making people stateless and indefinite detention without trial because it doesn't really exist as a written book of basic law.
@kelpana @simonzerafa @rbreich Exactly An uncodified constitution makes it easier to stretch interpretations without clear textual limits.
@Ankitayadav @kelpana @rbreich
The Human Rights Act 1998 is the closest thing we have to a formally written constitution.
Not that was it intended purpose but it covers the fundamentals.
@simonzerafa @Ankitayadav @rbreich and I understand it is being ripped to shreds by the current British Government.
@kelpana @Ankitayadav @rbreich
The currently allegedly socialist government isn't being very socialist. They are too busy trying to be more right wing than the fascists.
The actual socialist parties are likely to do well in the upcoming by-election(s).
Natsura 
@simonzerafa @rbreich
well if a country's constitution can be destroyed just because the leader of the country is arrested and thrown in jail... then that constitution as a whole deserves to be torn apart and rewritten. No leader should be able to do stuff their followers/subordinates can't do. A leader should be held to a higher standard than the people they lead.
well if a country's constitution can be destroyed just because the leader of the country is arrested and thrown in jail... then that constitution as a whole deserves to be torn apart and rewritten. No leader should be able to do stuff their followers/subordinates can't do. A leader should be held to a higher standard than the people they lead.
@simonzerafa @rbreich
*Technically* in the UK the King is not above the law. The Crown in Parliament may or may not be above the law (it's a tricky technical point) but the King as an individual is not: though as you say enforcement would be an interesting issue which would almost certainly cause a constitutional crisis.
*Technically* in the UK the King is not above the law. The Crown in Parliament may or may not be above the law (it's a tricky technical point) but the King as an individual is not: though as you say enforcement would be an interesting issue which would almost certainly cause a constitutional crisis.
wendythedruid@rbreich thank you much
Jimmothy Baggins@rbreich if you think anything will actually happen to him your really setting yourself
up for failure. Trump was also βarrestedβ how did that go ?
up for failure. Trump was also βarrestedβ how did that go ?
@rbreich So from the UK (where I am not that keen on monarchy at all), the whole US "no kings" thing seems rather anachronistic, since most places with kings have made them no more powerful than flags. A better campaign slogan, imho, would be just "no dictators".
Mr. Lance E Sloan (IRL) π€
Jupiter Rowland@Mr. Lance E Sloan (IRL) π€ It rather appears to be a fully automated repost bot account. Created during the big Mastodon hype of autumn 2022 to harvest some more reach, set up as a bot and never logged into again.
This is also why it isn't labelled as a bot: The last time Robert Reich logged into it was long before labeling bots as bots was mandatory.
Don't bother. He'll never see your comment.
#FediMeta #FediverseMeta #CWFediMeta #CWFediverseMeta #Bot
This is also why it isn't labelled as a bot: The last time Robert Reich logged into it was long before labeling bots as bots was mandatory.
Don't bother. He'll never see your comment.
#FediMeta #FediverseMeta #CWFediMeta #CWFediverseMeta #Bot
@rbreich Equal justice under the law shouldnβt be optional.
Cleo@rbreich My tinfoil hat theory is Andrew would probably be fine if he didn't do that interview for the BBC and let buckinghams PR do their jobs he made himself the scapegoat. It's also telling that Andrew was done for treason and not CSA.
Wonder if someone is getting the Tower of London ready?
Wonder if someone is getting the Tower of London ready?
David Fleetwood - RG Admin@rbreich I reject the framing that Trump wants to be a king or is acting like a king. Monarchies, as useless as they are, can take many forms including democratic ones. Trump does not want to be a king, he wants to be an autocrat. Everyone he admires is an autocrat in some form. Orban, Kim, MBS etc.