funsec mailing list archives

RE: EU Promotes Continent-Wide Censorship


From: "Brian Azzopardi" <brian () gfi com>
Date: Mon, 22 May 2006 09:59:55 +0200


I wouldn't call anything you have a Constitution - for one, they're
not.

I hate to say this - but what a fscking idiot - yeah, personal I know.
Sorry.

And why would I say that? Brian, you are so completely, flat-out wrong.
You are commenting on things which you have not even the faintest ideas
of. Even worse, you have not even bothered to look the basics up.

First things first - all states _must_ have a consitution, written (most
countries) or unwritten (England), explicit (most countries, including
England), or implicit (failed states, dictatorships).

A constitution fundamentally describes the relationship between the 3
organs of power in a state - the executive, judiciary and the
legislature. Let start with the easiest, for your benefit Brian; in a
dictorship all three powers are held by one/few persons - there is
nothing to write, although some may do just to appear legit.

What is the difference from the UK's unwritten constitution then? The
UK's constitution is built on centuries of tradition, common law and
precedent. It is more flexible then a written consitution but may have
its own dangers.

By explicit I mean that society and its institutions know the
(potentially unwritten) constition and adhere to it. The consitution is
not arbitrary and shifting, as it would be in a dictatorship / failed
state.


Don't you, through your country's history, have to do this several
more times just to get where you are now?

WTF?!


what you call a Constitution (and its various counterparts)

What a fool - what counterparts?


Then I don't see how you can know that yours is better.

Each constitution is a product of history and context - it is
necessarily unique - such as the England's which has admirably withstood
the test of time (until Blair came along, but that's a different
matter). Where there have been imported constitutions, or weak ones
(say, Bolivia), the country/state is usually a basket case.


On a more general note - the last few topics have shown a patheticly low
level of debate by some of the particapants. I don't post when I am a
noobie on a particular topic, instead I go look it up first, and, maybe,
then post.

We all hate noise, so lets keep the signal up eh folks.


Brian

PS
I apologize if I come off as an anal retentive.


-----Original Message-----
From: funsec-bounces () linuxbox org [mailto:funsec-bounces () linuxbox org]
On Behalf Of Brian Loe
Sent: Saturday, May 20, 2006 12:06 AM
To: Drsolly
Cc: funsec () linuxbox org
Subject: Re: [funsec] EU Promotes Continent-Wide Censorship

On 5/19/06, Drsolly <drsollyp () drsolly com> wrote:
What is so great about your Consitution exactly? I don't think I've 
ever read it...

Then I don't see how you can know that yours is better.

Because most of the world, at one point or another, has lived under what
you call a Constitution (and its various counterparts) and didn't find
it all that great - including the founders of this country!


We've had a constitution for several hundred years. Magna Carta, for 
example, was 1215.

Hmm... when did you get rid of slavery?

Magna Carta - wasn't that basically an agreement between the king of the
time and his people? Don't you, through your country's history, have to
do this several more times just to get where you are now?

I wouldn't call anything you have a Constitution - for one, they're not.
You don't live in a Constitutional Parliamentary Monarchy.

Good grief. How on earth can you justify that?

*I* can't, personally. But legally its justified because I have the
right to move to a community that allows it - its sorta based on a free
market system. If Kansas wants the citizens who have moved to Nevada for
the prostitution to come back, they'll have to legalize prostitution.

Now, thanks to the "war on drugs" however, local control of such things
is weakening a great deal. For instance, several states have legalized
marijuana for medicinal use - but the feds are raiding any of the
doctors brave enough to do so. MOST of these cases don't make it to the
SC - or the SC refuses them. IF they are ever heard it will probably be
a pretty disappointing result. However, I'd still rather live here than
in England because here I have a basic right to self defense - and a
right to the means to do it - and I don't smoke pot for any purpose. :)
Someday soon I'll be looking for an island - or island country - that
provides me with commercial free living. Until then, I'll enjoy
Missouri.

New Yorkers don't even know that you exist, if you're outside New
York.

I can not and will not argue that statement. In fact, I might see it as
a black and white truth.

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