A superb addition to this blog’s collection of posts on Magna Carta and on EU law in David Chapman’s paper on the EU and An Alternative.
In the UK an individual has rights laid down since Magna Carta.
This is particularly important when a crime is committed or suspected of being committed. As under the rights laid down from Magna Carta onwards, someone in the UK is deemed innocent until proven guilty. If you are accused of a crime, the onus is on the State to prove your guilt.
The writ of Habeus Corpus prevents the State from imprisoning you without evidence of a crime.
Under the European legal system, they never had a Magna Carta of their own and as such they work under a different assumption than we do, in that you are guilty unless you can prove your innocence.
Thus, the State has the legal authority to imprison you whilst they find the evidence and formulate the case to convict you. The onus is on you to prove your innocence as there is…
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