From https://waxlyricals.com/2019/06/26/your-liberty-and-freedom-come-from-magna-carta-not-the-eu/
In the UK an individual has rights laid down since Magna Carta was signed in 1215.
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 no automatic assumption in law of your innocence.
Under UK law you have a right, as laid down under Magna Carta to have a trial by your peers, in Europe your trial will be heard by a panel of judges. It may not seem like much of a difference but it is crucial in ensuring impartiality in the legal system. To prevent abuse by the State jailing people purely for political reasons. We do not have a history of such things in the UK, continental Europe however does.
The main difference between the two systems can be summed up quite simply.
In the UK you can live your life, free of intrusion by the State as long as what you are doing isn’t illegal, in Europe you can do the same but only as long as what you are doing is enshrined in law as being legal.
This is why we Brits look at the Germans and find it peculiar that they follow rules to the letter. They have to, as their legal system tells them what behaviours and actions are allowed in law whereas ours tells us what isn’t allowed. That is such a fundamental difference to your ability to think and act freely and to go about your business without intrusion by the State because if theres nothing in law to say you cannot do something, then by default, here in the UK it is legal.
This is primarily why German society is far more ordered and regimented than here in the UK but that orderliness comes at a cost. As the State controls the people, whereas here the people (supposedly) control the State. They are supposed to work for us and not the other way around, although many in Parliament since the Brexit vote have seemingly been influenced by the European way of thinking somewhat. This fundamental difference in law is why every Englishman has by law been deemed a free man since birth, that is our birthright and it is why I want to leave the EU. As slowly but surely, our legal system is being overidden by the prescriptive ideas of European legal thought and the rights enshrined by Magna Carta, the worlds first ever declaration of the inalieniable rights of the individual over the Institutions of State are being undermined.
That alone is reason to leave the EU and when you hear people claiming that the EU protects their Human Rights, ask them how it is protecting their rights of liberty as laid down 800 years ago at Runnymede on the banks of the River Thames?
As this seemingly obscure document signed by King John in 1215 is absolutely fundamental in ensuring your freedom and liberty that the US Constitution borrowed huge parts of it to ensure that America and Americans would have the same when they created ’the land of the free.’
From Campaign For Democracy:
the first point to consider is that the 1215 Great Charter Constitution Magna Carta binds the U.K. government. That is to say, parliament cannot legitimately pass laws which infringe upon (contravene) the stipulations of the People’s Constitution Magna Carta 1215.
For that reason, the British government-approved Australian Constitution (Act) must be read with and is subject to the Great Charter’s provisions which define and prescribe the timeless Constitutional Common Law Trial by Jury for all causes (lawsuits), civil, criminal and fiscal. This places randomly selected Citizen-Jurors as the judges of the laws which politicians and those who control them wish to impose upon the People.
Convenors of trials (nowadays misnamed ’judges’) have no judicial role. Their true Rule of Law role is as convenors and for arranging security; advisory, inasmuch as this may be requested by the jury, of whose advice jurors may take only what is adjudged appropriate by them; and for the arranging of re-trials and appeals if necessitated by circumstances.
https://www.tomgrimshaw.com/VALID_ASPECTS_OF_ARTICLE_SIXTY-ONE.pdf
