Under Anglo-American law, contracts have to be willing
What a concept. Both parties have to mutually assent to a contract. And we thought everybody liked a shotgun wedding.
We note that Magna Carta Libertatum, the Great Charter of Freedom, was the first Anglo-American document to establish the concept of limited government and justice under the law. Magna Carta limited the power of the powerful.
We believe that the "Obamacare" bill, passed by a US Congress, which did not read the bill's 2,000 pages, is hostile to Magna Carta, the U.S. Constitution, and liberty. As the case against Obamacare is going to the Supreme Court, we will soon see what the court makes of more than one thousand years of common law precedents which protect contracts. Common law will be considered, of course, because common law is part of the U.S. Constitution.
By the way, while dining with friends, we mentioned over dinner America's debt to Britain's Constitution.
The tripartite structure of America's government and her balance of powers came from Britain. Most of the freedoms which America put into the first Ten Amendments to the US Constitution came from Britain's law and Britain's constitutional documents."Not at all," said a dinner guest. "Britain doesn't have a written constitution."
This is an urban myth that has often been repeated in the newspapers and on the BBC. Doubtless it falls under the "availability cascade" - an idea becomes irresistible because the authorities and the media keep repeating it.
To our dinner companion we mentioned a January 27th 2009 letter written by Eirian Walsh Atkins, the United Kingdom’s Head of Constitutional Policy at the Ministry of Justice. She wrote the letter to David.
Atkins firmly stated, "You are right to point out that parts of the British Constitution are written and we can confirm that statutes that you mention such as the Bill of Rights 1688/9 and Act of Settlement 1701 are some of the many statutes that make up our uncodified constitution".
The British business executive dining with us knew better, however. Everybody does.
Thanks to Instapundit for the link.