Ben Allsop the Wessex Coordinator of the Libertarian Party UK writes about Eight rights you think you have, but don’t (and how a constitution can help).
“Laws such as the Communications Act 2003 or the Public Order Acts give police and other bodies the legal ability to punish and silence citizens for speaking their mind”
As a party, we are fighting to finally form a codified constitution in the United Kingdom. To highlight why we need one, here are eight fundamental rights that almost everyone values (and may already believe they have), but the British government violates routinely.
Freedom of Expression – This is an obvious one, but well worth starting with. Currently, British citizens have no right to freedom of expression, also referred to as ‘freedom of speech’. Laws such as the Communications Act 2003 or the Public Order Acts give police and other bodies the legal ability to punish and silence citizens for speaking their minds.
Freedom of Information – The other side of the ‘free speech’ coin. The ability to receive information is just as if not more vital than the ability to broadcast it. But British citizens are simply not allowed to know certain things. For instance, the possession of ‘The Anarchist Cookbook’ is illegal to own in this country under the Terrorism Act 2000. The state also routinely practices censorship through OFCOM, which can now mandate social media companies to remove ‘legal but harmful’ material’.
Presumption of Innocence – Surely not, I hear you cry. Well, the Investigatory Powers Act 2016 enables government agencies to monitor your communications which in the past would have required at least reasonable suspicion of wrongdoing. More worryingly, civil asset forfeiture laws allow police and even local councils to seize property if they suspect it to be the proceeds of crime. Note that there is no requirement of proof or even conviction for alleged crimes. Suspicion alone is enough to remove property from the accused.
“The government can and does practice compulsory purchase in the UK. Not to mention the fact that it forced businesses to close during the pandemic”
Property Rights – As they say, “if you can’t keep it, it isn’t really yours.” The government can and does practice compulsory purchase in the UK. Not to mention the fact that it forced businesses to close during the pandemic. In addition, several laws such as The Proceeds of Crime Act 2002, Sanctions and Anti-Money Laundering Act 2018, Counter Terrorism and Border Security Act 2019, and more, all allow the government to seize and freeze assets without so much as a hearing. Even in cases where the accused has been cleared of wrongdoing, they may still be expected to make a time-consuming and expensive claim through the court to retrieve their property.
Right to Privacy – Long dismissed as a wacky conspiracy theory, the reality of mass surveillance became common knowledge with the leaking of NSA documents by Edward Snowden and others. As well as the US, the UK was also active in collecting massive amounts of data extracted from and intercepted between its own people. Since then, the British government has passed legislation such as the Investigatory Powers Act 2016 which overtly bestowed itself with the power to spy on us all.
Self-sufficiency – Who hasn’t dreamed of buying a plot of forest, building yourself a cabin and living out your years on nature’s doorstep? And like many dreams, this one gets a kicking from the government too. Planning permission, green belt and AONB designations, building restrictions, land use restrictions, environmental health and waste rules, council tax and residency enforcement, service access and identity issues will all conspire to make living off-grid a legal impossibility in the UK. ‘Pay your taxes or live on the street’ are the only options we get.
“The Police, Crime, Sentencing and Courts Act 2022 made making noise during a protest or violating undisclosed restrictions both arrestable offences”
Right to Protest – Under the guise of tackling the life-endangering protests by ‘Just Stop Oil’ a few years ago, the government was able to introduce sweeping new powers which had the ability to crush future protests. The Police, Crime, Sentencing and Courts Act 2022 made making noise during a protest or violating undisclosed restrictions both arrestable offences. These powers were further expanded by the Public Order Act 2023, which allowed the state to ban people without a criminal conviction from protesting and ridiculously, made it an offense to carry a bike lock to a protest.
Popular Sovereignty – We all know that in a democracy, the people are sovereign. All authority is derived from the consent of the people after all. Except, at least in the UK, that isn’t true. Of course, for the past century or so adults in the UK have been able to influence the composition of parliament. But only one of two chambers of it. Sovereignty in the UK actually lies with parliament itself. Parliamentary sovereignty allows parliament to pass any law without judicial or public scrutiny with a simple majority. You are one act of parliament away from living under a dictatorship. I hope that I’m not alone in saying that that terrifies me.
At the end of the day, a codified constitution is just a piece of paper. There can never be any foolproof way of keeping out authoritarianism. But anything that makes the sudden or gradual seizure of power more difficult for governments may one day prove to be a godsend. So please support us in our fight for a constitution, help prevent tyranny and reverse the progress already made towards it…while you still can.
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