MrJonno wrote:Even in the US if the judges of the Supreme Court interpret the constitution to say individuals no longer have the right to have guns you no longer have that right,
Or - the Supreme Court was wrong. They have been wrong before, and will be wrong again. Our system is an imperfect one. And, if they ruled, for example, that the federal Congress could make a law that prohibited expressions of political speech that were not approved by the government, that would be unconstitutional. Since the Court would have failed in its duty to uphold the Constitution, it would be up to the President to do his duty and refuse to enforce the unconstitutional law. Further the States and the People would have to defend their rights against the unconstitutional law and the lawless Court in that instance - wouldn't have to be violently, it could be with a Constitutional amendment or Constitutional Convention - it could be with demonstrations and other petitions to the government for redress of grievances. The price of liberty is eternal vigilance, the saying goes.
MrJonno wrote:
if they say Atheists, blacks, catholics don't count as humans they no longer have any rights. The only limits the US government has is what judges say it has (not a consitution) and guess who appoints the judges.
That's incorrect. As we have seen with lately in the context of the Defense of Marriage Act (DOMA), the President can refuse to enforce an unconstitutional law. The separation of powers provides some ability to combat the lawlessness of one branch. If Congress makes an unconstitutional law, then the Court's duty is to stop it. If the Court upholds an unconstitutional law, it's the President's duty to stop it. If all three branches fail in their duty, it's up to the States and the People, under principles of federalism, to take the necessary action to make them do their duty. There are legal mechanisms to fix these things.
In the British Parliamentary system, you have much the same issue, because you have a merged legislative and executive branch, and you have a Court system, albeit one that is not quite as powerful as in the US. The US has three equivalent branches. In your system, liberty can be just as tenuous, and if the Parliament voted to make a law restricting the right to make political statements, there is even less recourse to stop it than in the US.
MrJonno wrote:
Give me rule by majority rule no matter how moronic, its better than judges
I think having some clearly stated principles that the government cannot breach is at the heart of Anglo-American law. Our Constitutional system here is based in part on the English Constitutional system. Yours is older and grew over centuries, but you still have a Constitutional system, albeit a more complicated and pliant one.
Rule by majority, without some check on the majority's discretion is not necessarily better. Much writing has been done on the "tyranny of the majority." It's the majority rule that gave UK an "established" church of England. You have a "Sovereign Queen" who is
ex officio Supreme Governor of the Church of England, and she is required by the Act of Settlement 1701 to "join in communion with the Church of England." As part of the coronation ceremony, the Sovereign swears an oath to "maintain and preserve inviolably the settlement of the Church of England, and the doctrine, worship, discipline, and government thereof, as by law established in England" before being crowned by the senior cleric of the Church, the Archbishop of Canterbury – a similar oath concerning the established Church of Scotland, which is a Presbyterian church, having already been given by the new sovereign in his or her Accession Council. All clergy of the Church swear an oath of allegiance to the Sovereign before taking office.
I mean - really - given the uproar the world over because President Obama voluntarily said, "...so help me God" at the end of his oath of office - what should be the reaction that the titular head of the British State and the Church (no separation of church and state at all in England) making that kind of an oath? Where is the protection against this complete abrogation of separation of church and state? Every taxpayer in the UK supports that financially.
Moreover, to say that the UK does not operate on the basis of positive rights of individuals which the Courts have power to enforce is no longer true. In the 1990s, the UK incorporated the European Convention on Human Rights into UK law through the Human Rights Act 1998 which granted citizens specific positive rights and gave judiciary some power to enforce them (through Declarations of Incompatibility), and the courts can refuse to enforce, or "strike down", any incompatible secondary legislation.
Your Bill of Rights from 1689 protects, among other things, Freedom of Speech and the right to be free from excessive bail and cruel and unusual punishments - these were incorporated into the American Bill of Rights. It also has the right to petition the Monarch without fear of retribution (and the US has the right to petition the government for redress of grievances). Thus, 30% of the American bill of rights comes from your bill of rights in 1689. Our Constitution's preservation of the right of
habeas corpus, which may only be suspended in times of war, is directly from English Constitutional law.
The scorn that some Brits have for "bills of rights" was not always so. Your Petition of Right, your Declaration of Rights and your Bill of Rights were favorites of the English people. Following the English practice in the mother country, the American colonists issued a Declaration of Rights through their first Continental (Stamp Act) Congress in 1765 (before the Revolution).
http://www.constitution.org/bcp/dor_sac.htm And, a Declaration of Colonial Rights was adopted in 1774 -
http://www.constitution.org/bcp/colright.htm (also before the Revolution).
The Bill of Rights in the US Constitution (1789) contains nothing novel. They Bill embodies "guaranties and immunities which are inherited from our English ancestors." (quote from the Supreme Court of the US). Notice that it is "Safeguards" that are given, Not "Rights", and unless "We The People" defend those safeguards and insist in strictest adherence, "We The People" may, as you have pointed out, lose them.