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Tag: legal history

‘More a denial than a safeguard of rights’: Law, Politics, and Constitutional Discussions in Mandatory Palestine

In the autumn of 1930, a long memorandum landed on the desk of Lord Frederick Lugard, the British representative to the Permanent Mandates Commission of the League of Nations. It had been sent by Chaim Weizmann, the president of the Zionist Organization, with whom Lugard was in close contact over the affairs of Palestine, then a British mandate. At the time, Weizmann was working intensively to mitigate the implications of the statement of policy by the British Government, the ‘Passfield White Paper’, published in October of that year. This statement, which came about following reports on the causes of inter-communal violence in the summer of 1929 and the conditions of land available for settlement and development in Palestine, confirmed the government’s intention to limit Jewish immigration and land purchases. It also reaffirmed its plan to establish self-governing institutions in Palestine, as stipulated in the Mandate granted to Britain by the League of Nations in the summer of 1922.1

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  1. ‘Statement of Policy by His Majesty’s Government in the United Kingdom’, Oct. 1930, 3692, House of Commons Parliamentary Papers Online, at [https://palestinianmandate.files.wordpress.com/2014/04/cm-3692.pdf], accessed 14 Nov. 2024. [↩]

Medieval Notions of Consent and Contemporary Social Cohesion: Impressions from Workshop ‘Law and Consent in Medieval Britain’, 30 October 2020

On Monday, 2 November 2020, a video posted on Twitter showed the owner of a soft play centre from Liverpool rejecting COVID-19 regulations, citing Clause 61 of Magna Carta. This historical agreement between the English king and his magnates was first concluded in 1215. In the owner’s opinion, the police had no right to close his business since—he argued—the medieval document showed that government authorities were bound by law and had to be resisted if they encroached on central personal liberties. This claim immediately provoked reactions from historians of the Middle Ages, who rightly pointed out that although parts of Magna Carta are, indeed, still part of English Law today, Clause 61 is no longer in force. In fact, it was removed in 1216, when the agreement was revised after King John’s death.

Continue reading Medieval Notions of Consent and Contemporary Social Cohesion: Impressions from Workshop ‘Law and Consent in Medieval Britain’, 30 October 2020