First posted 23.06.14 by Julijuxtaposed
Can we sue our government? I don’t know how feasible this is. There is no research in this post. This is because, not only am I no expert – not on anything actually (though I think I have more inkling than I’m allowing in this post) – but I am sensible enough to know that I could research until the cows come home and it will still come down to the will and authoritative arguments of those who are actually qualified – and maybe a jury. This is just a layperson putting an idea out and into the ether.
Unless one lives on another planet, is one of the deliberately deaf and blind Alright-Jacks or the I’ll-only-pay-for-mine Brigade, one can’t fail to register the growing inequality of treatment, wealth/prosperity and opportunity perpetuated by this Government. For those with eyes to see, the march towards a fascistic system is clearly in view. With mass subjugation by serfdom, corporate control and media-politico doublethink, many woken people have been rightly growing increasingly concerned for some time. And angry. So very angry. And so justifiably so.
We have no mechanism as a citizenry, to hold our governments officially to account, aside from elections. They fixed parliamentary terms with no counter-balance to get rid of an administration before a General Election and tell us they think an election every five years is sufficient, as though we should think ourselves lucky to get that. They don’t even think we need a proper power of recall when it comes to individual MPs! It’s just not good enough, is it?
Can’t We, the People, bring a class action against an entire government? Here, through our own British Justice system. Obviously I have this government in my mind, specifically but, absent the parliamentary will to write such a vehicle into Law as would rebalance our power, I’d also like us to try and set a precedent. Let’s face it: this Coalition is not the first and, unfortunately, probably won’t be the last to abuse us through abuse of office. Can’t we sue them for:
Breach of contract/merchantable quality
Reckless endangerment
Negligence/Malpractice
Extortion/Slavery
Fraud/Insider trading/Accepting bribes
Fiduciary incompetence
Oppression of legal, human rights
Obviously we can’t sue them just because we don’t like government policy, albeit that we don’t like government policy. It has to be grounded in more than mere opposition to political colour or the failed aspirations of a manifesto, particularly when the respondents are a Coalition. As I said, I’m no lawyer or constitutional expert but surely there must be at least one valid charge on that list, (whether or not they are all correct legal terms) or a charge I haven’t thought of, that entitles us to seek criminal or civil justice within our own legal system. Scare the pants off ‘em I say! The whole damned lot of them! Surely there is a range of ‘expert witnesses’ on whom we could call and there must be organisations, lawyers, economists, anthropologists and other relevant academics who could help us build a case? Perhaps We, the People, need our own version of the Investor State Dispute Settlement… 😉
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I would be greatful if you would keep me informed or add me as a FB friend as this is an issue I really care about. I don’t know the answer to this but would think the government has a public indemnity carte blanc to cover all they do. In my head it’s a simple as they have breached a contract with me.
Ie I paid into NI contributions. These contributions ring fenced for should I fall ill and retirement.
I am now at forty six severely ill and disabled. I was expecting Incapacity benefit to help me with, food and eating perhaps the odd newspaper. I get nothing from this fund I paid into.
I don’t smoke or drink and have to use my DLA ( ring fenced for my care and mobility needs) to cover my daily costs. That was not the deal, not the contract I made when paying for NI on top of income tax contributions? Also I am one of the lucky ones who at least can inappropriately forced to use my DLA has it, but I remain housebound with no social life as a result.
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I hear you, Padraig. I’m not on Facebook. I have a blog site to which you can link at the top of this page, where you will find a series of threads on this topic – and I am on twitter @julijuxtaposed. I feel I should caution you to please not hold your breath or put your hope in me making the next step – I wrote it for catharsis, first. Such an action would require legal counsel before anything and I’m not in a good position to seek it on my own. If there are properly qualified minds out there who’d like to take this up as a viable cause, then, brilliant!
In solidarity, Juli
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They aren’t government. They weren’t elected and they achieved power by a shady back-room deal that the voting public had no knowledge of nor any say in. When they assumed authority the first thing they declared was everything they’d said during their electoral campaign was null and void as they’d not understood there was no money left in the kitty. Accordingly they couldn’t carry out their policies. Then they proceeded, with no mandate whatsoever, to flog the country’s assets off to their mates for peanuts. What they should have done was to step down, formulate new policies and gone to the country with them. They didn’t, so they aren’t a government. I’ve called them fifth-rate shabbby little conmen before now and I see no reason to amend that view. I don’t know why anyone puts up with them.
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🙂 Quite.
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Interesting comment Bill. I hear people say that ‘we elected this government’ and I have to point out that in fact we elected the MPs in Parliament, not ‘this government’.
I love your idea, Juli, but sadly if we were to prosecute they’d either ignore us or change the law (cf Lewisham Hospital and Clause 119 of the Care Act). Bill says they ‘assumed authority’. This crew think they are so entitled to power that they’d assume power if no- one voted at all.
You would think that on the sale of assets alone (let alone the undervalued sale to their mates) would be worth a prosecution. Jeremy Hunt, at the point the Health &Social Care Act became law, simultaneously divested himself of all responsibility for the nation’s health provision and became (as Sec of State for Health) the head of a 100% privately owned company responsible for all the NHS’ land and assets. His job is now to flog off as many of those assets as possible. From Secretary of State for Health to the nation’s estate agent overnight.
Revolution, anyone?
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I think tptb would do everything in their power to prohibit or sabotage us if we set about suing. However, if a class action was brought, with private funds, they couldn’t stop us at least trying. There is obviously no guarantee of success and I may just be talking fanciful nonsense but I think that, just by setting it in motion, we would create such a powerful narrative that it may effect changes, in and of itself. What it would need is clever lawyers, civic will and a curious media. 🙂
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I read that my personal health details were sold to a private company. If true, I consider this to be a gross violation of my personal human rights. I would hope that the European Parliament will stand up for my rights, and those of the rest of the British population, and take this present Britsh Govern,ent to task in a court of law!
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The list of our justifiable grievances grows by the day, doesn’t it
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Short answer is no. Legal Aid is all but gone. The government would use all your taxpayers’ money against anyone trying and would deem the case ‘political’, so it might come under the gagging law due to come into force in September.
If you want the change to save your life, vote entirely new political class into power in 2015 general election. It is that simple.
As one cartoon portrayed:
Picture a cliff edge and a plank half on the cliff and half over the abyss.
Sat at a desk at the far end of the plank is the politician.
On the cliff, stood on the other end of the plank is all of us.
All we need do is to get off the plank.
See the banned TUSC video that might have given the other parties a run for their money on May 22 on my personal website:
http://www.theswansnewparty.org.uk
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Thank you. I am aware of the state of Legal Aid and the intended ‘gagging law’ – they are conducive to any actionable list. I also recognise the poster you are describing. It’s a perfect metaphor for what I am proposing! Are you a qualified lawyer? Do you specialise in contract, corporate, or human rights law?
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