|
Post by happyjack on Jan 5, 2023 13:44:57 GMT
I have explained it. Just apply the explanation of what constitutes UK law to the legislation that introduced the drink driving limit change and see if it complies or not..
I can save you the bother (again) on this one ie. it doesn’t, so it is not UK law.
|
|
|
Post by thomas on Jan 5, 2023 14:11:33 GMT
I have explained it. Just apply the explanation of what constitutes UK law to the legislation that introduced the drink driving limit change and see if it complies or not.. I can save you the bother (again) on this one ie. it doesn’t, so it is not UK law. you havent. Your example above is laughable.
The uk legislature didnt apply uk legislation into scots law to lower scotland drink drive limit compared to the rest of the uk. It was the scottish legislature that applied scottish legisaltion into scots law.
Similarly , if the uk legisalture passes legisaltion on some aspect of reserved matter , then the uk legisaltion is applied in scots law.
You are using incorrect false terminology to give a false impression every schoolchild in scotland could tell you is wrong. I really dont get what is difficult for you.
|
|
|
Post by jaydee on Jan 5, 2023 15:31:19 GMT
I have explained it. Just apply the explanation of what constitutes UK law to the legislation that introduced the drink driving limit change and see if it complies or not.. I can save you the bother (again) on this one ie. it doesn’t, so it is not UK law. Good you finally are getting it. There is no such thing as UK law. You have been told several times. Because it is common does not make it UK law. In terms of the UK Supreme court. It has absolutely nothing to do with Scottish Criminal law. In terms of Scottish civil law. Its finding is the end of the matter. The finding does not change the law. The same applied to the European Court of Justice. As the Westminster wankers lied and tried to make out it made law in the UK.For Uk read England. . It did no such thing. On a dispute it gave a finding. That finding was supreme. It did not alter the law either in Scotland or England.
|
|
|
Post by happyjack on Jan 5, 2023 16:10:41 GMT
Ok, I will try one more time and if this doesn’t succeed then I will just leave you guys to stick with whatever it was that your primary school teacher apparently explained to you many decades ago. Apparently, for some of us, whatever our primary teacher taught us is the pinnacle of understanding and is an unshakable truth. Go to the “How Legislation Works” page in the attached government document. Scroll down to the “UK Parliament” subsection of the “Parliament and jurisdictions” section. Then go to the 2nd paragraph of that sub-section. You should have arrived at an explanation of Public and General Acts. Then either read that and accept that there are, indeed, laws that meet the description of UK laws (say, when one of these Public and General Acts applies to the whole UK, as some of them do, including the tax legislation that I pointed at earlier), or just push it to one side and fall back on your “ ma primary teacher telt me” approach. www.legislation.gov.uk/understanding-legislationHere’s what it says if you choose to take my word for it rather than spend time following the route to the original source above. “Public and General Acts passed by the UK Parliament provide laws for the whole of the UK (England, Wales, Scotland and Northern Ireland). Separately Scotland, Wales and Northern Ireland have powers to make legislation solely for their own jurisdiction.”
|
|
|
Post by thomas on Jan 5, 2023 16:33:18 GMT
Ok, I will try one more time and if this doesn’t succeed then I will just leave you guys to stick with whatever it was that your primary school teacher apparently explained to you many decades ago. Apparently, for some of us, whatever our primary teacher taught us is the pinnacle of understanding and is an unshakable truth. Go to the “How Legislation Works” page in the attached government document. Scroll down to the “UK Parliament” subsection of the “Parliament and jurisdictions” section. Then go to the 2nd paragraph of that sub-section. You should have arrived at an explanation of Public and General Acts. Then either read that and accept that there are, indeed, laws that meet the description of UK laws (say, when one of these Public and General Acts applies to the whole UK, as some of them do, including the tax legislation that I pointed at earlier), or just push it to one side and fall back on your “ ma primary teacher telt me” approach. www.legislation.gov.uk/understanding-legislationHere’s what it says if you choose to take my word for it rather than spend time following the route to the original source above. “Public and General Acts passed by the UK Parliament provide laws for the whole of the UK (England, Wales, Scotland and Northern Ireland). Separately Scotland, Wales and Northern Ireland have powers to make legislation solely for their own jurisdiction.”im happy to debate anyone on any forum. we all get things wrong , and most of us have the humility and honesty when we do to admit. I also find common ground with the majority on many subjects.
.....but when some people deny fact , and have egos so large they cant admit wrong ,or be humble enough to concede when they are wrong , we are basically beyond the realms of civilised debate.
We know how legislation works. That isnt the point under discussion.
No one denied either the uk parliament passes legisaltion for reserved matters for the whole uk. The discussion , and simple point you havent conceded is that it does so into scottish /english/northern irish law , not uk law.
As there is no such thing as uk law.
|
|
|
Post by happyjack on Jan 5, 2023 17:04:29 GMT
No, the discussion was about whether there was such thing as UK Law. I provided a description of what is meant by that term and I provided a link to that source. You have never responded to that.
Instead you went down the 3 separate legal systems route ( which, like you, I have been aware of since my school days although almost certainly not primary school) and the requirement for any UK wide law to be adopted into the respective systems. I don’t think that I ever challenged that adoption process and I am happy enough to accept that that might be the case (although my understanding is that tax laws, for example, don’t have to go down that route). However, whether that happens or not is not the point. The point is that there are single instrument pieces of legislation passed by the UK Parliament (something that Jaydee seemed to focus on as being necessary to prove that there is UK law at one point in the exchanges - although it is very difficult to interpret what he says) that become law in all corners of the UK. That type of legislation meets the description of UK law in the link that I posted.
As for the content of your 2nd paragraph above, I presume that you are aiming that one at me. If so, then you have got a cheek, quite frankly. From what I have seen, you need to have a good look in the mirror.
|
|
|
Post by thomas on Jan 5, 2023 17:10:54 GMT
No, the discussion was about whether there was such thing as UK Law. I provided a description of what is meant by that term and I provided a link to that source. it was.
1. you havent proved over numerous pages that their is uk law.Merely offered unsubstantiated opinion and delusional belief in what consitutes uk law.
2. you link doesnt prove there is uk law.
You constantly provide links and argument which correspond with what im saying , about you inability to understand legislature.......legislation ....passing that into a countrys law.
The last bit is where you fall flat every time.
300 odd years of the disunited kingdom. clear acts stating scots law is preserved for all time.
...and still the moonhowlers deny reality....
|
|
|
Post by thomas on Jan 5, 2023 17:59:37 GMT
This isnt just a question of "regional sensibilities " in the uk state denying reality and wanting recognition.
Implying there is a uk wide law , while couching language that flits between legisaltion and whose legisalture passes what to camoulflage wrong terminology , is highly misleading , and potentially dangerous.
There is no common uk wide law .
When the englishman travels to scotland , its as different to england in legal terms as travelling to France.
Drink drive limit is different , english offences such as arson or manslaughter dont exist , the jury sizes are different in criminal courts , in scotland , you can be found not proven but not in england , buying a house is completely and utterly different , an english solicitor cannot practice in scotland unless trained in scots law and so on.
So giving the english traveller the false sense that in scotland he will find the comforting uk law that is codeword for the same law that applies in England is a nonsense.
This isnt a devolution issue........its practice in reality of something that has existed for over three centuries of the uks existence.
|
|
|
Post by morayloon on Jan 5, 2023 19:07:57 GMT
I do though agree England should have been offered their own national parliament , but thats not scotland fault , and something you need to address with westmisnter and your own political parties. Agree with almost all you said T. The exception being the above. Westminster IS the English Parliament, one which allows the bit part presence of representatives from the other countries. 533 - 117, a massive English majority. They do not need another Parliament when they can simply ignore Scotland, Wales and the made up region anytime they want.
|
|
|
Post by happyjack on Jan 5, 2023 19:12:58 GMT
Thomas
You obviously haven’t looked in that mirror yet. What was it you said about humility etc?
I have offered a description of what UK law is held to be and provided the source. There is nothing delusional about that.
I have then given examples of legislation (laws, if we are to accept the terminology in the UK government link above) that meet that description. Again, nothing delusional in that.
As for the middle section of your post, that is just in your mind. I have hardly posted any links and I have only discussed a couple of pieces of legislation, and even then only in terms of whether they qualified as UK law under the description that I rely on. I didn’t engage in any other dialogue on legislation, legislatures, or passing into a country’s laws (as you erroneously continue to describe constituent territories within the UK) with you because I didn’t and don’t consider any of the stuff that you posted on this relevant in the context of where the discussion had got to.
I don’t consider myself to have fallen flat on the last bit at all. I would have let myself down if I had allowed someone to accuse me of things that he demonstrates in such abundance himself and not have pointed this out to him.
Your last couple of lines are mostly gobbledygook to me but I note that you again make some sort of reference to Scots Law being preserved for all time under the Act of Union.. As I have already responded (although I haven’t checked) I accept that is what the Act says if you say that is so.
However, if you believe that the Act of Union must be honoured in respect of Scots Law being preserved for all time (as you clearly do otherwise you wouldn’t have raised this point) then you must also believe that it must be honoured in other respects, including the requirement that the union with England must also be preserved for all time. Strangely (or maybe not) you have chosen just to ignore that inconvenient point rather than address it. That’s what comes from buying into and pursuing false and twisted narratives.
|
|
|
Post by morayloon on Jan 5, 2023 19:31:12 GMT
This "happyjack" guy reminds me of the nit picking, aggressive arguments of a poster on the old forum. Can't remember his pseudonym though, but once the attacks on Independence apppear all the while claiming to be a neutral, an undecided, my suspicions will be proven correct. Does anyone remember the name I am associating this "happyjack" character with.
|
|
|
Post by Vinny on Jan 5, 2023 21:18:27 GMT
Hope you've had a good Hogmanay Morayloon, Happy New Year.
|
|
|
Post by morayloon on Jan 5, 2023 21:36:41 GMT
Hope you've had a good Hogmanay Morayloon, Happy New Year. A quiet one thanks. Yourself? Has the contents of that bottle of Glen Moray been drunk?
|
|
|
Post by thomas on Jan 6, 2023 9:20:30 GMT
but I note that you again make some sort of reference to Scots Law being preserved for all time under the Act of Union.. As I have already responded (although I haven’t checked) I accept that is what the Act says if you say that is so. . Well there you go. By your tacit agreement , i accept your surrender , and we can finally see you do talk utter guff while wriggling on a hook.
|
|
|
Post by jaydee on Jan 6, 2023 9:46:36 GMT
No, the discussion was about whether there was such thing as UK Law. I provided a description of what is meant by that term and I provided a link to that source. You have never responded to that. Instead you went down the 3 separate legal systems route ( which, like you, I have been aware of since my school days although almost certainly not primary school) and the requirement for any UK wide law to be adopted into the respective systems. I don’t think that I ever challenged that adoption process and I am happy enough to accept that that might be the case (although my understanding is that tax laws, for example, don’t have to go down that route). However, whether that happens or not is not the point. The point is that there are single instrument pieces of legislation passed by the UK Parliament (something that Jaydee seemed to focus on as being necessary to prove that there is UK law at one point in the exchanges - although it is very difficult to interpret what he says) that become law in all corners of the UK. That type of legislation meets the description of UK law in the link that I posted. As for the content of your 2nd paragraph above, I presume that you are aiming that one at me. If so, then you have got a cheek, quite frankly. From what I have seen, you need to have a good look in the mirror. It is very simple to interpret what I say. There is no such thing as a UK law. What part of that do you no understand. What you cannot get out of your swede is that you confuse a law common to all four nations as a UK law. And you still have not explained on the links that you have posted are all English law. So if I break that English law in Scotland. Such as tax. The link you gave. Could you tell me how they are going to drag me out of the sheriffdom of Scottish law and toss me in the tower of London. Those laws being transferred into Scottish by statutory instruments. Get it into your head. The law of England does not never has, never will apply north of the border. That is civil law common to the four nation. Other law such as road traffic being common to both countries are dealt with in the same way. But as they can bring about a criminal prosecution. Amendments are dealt with by the Scottish Parliament. Such as drink and driving, insurance, MOT, and the Excise Act. ie road tax.. under Scottish law. So stop talking nonsense. . The days are gone of the days of old Scottish Office when that was passed by the party in power in Westminster. Scotland elects its own government to do that. Such as the smoking ban or Licencing hours. And once again like the UK richest place. You have proved nothing, So here is a nice simple question. What jurisdiction deals with your UK law. And this nonsense is being stopped. www.thenational.scot/news/20239337.government-memo-reveals-queens-secret-influence-scottish-laws/www.theguardian.com/uk-news/2021/jul/28/queen-secretly-lobbied-scottish-ministers-climate-law-exemptionwww.theguardian.com/uk-news/2021/jul/28/revealed-queen-vetted-67-laws-before-scottish-parliament-pass-them
|
|