Halsburys Law states administrative courts unlawful.
The law is absolutely clear on this subject. There is NO authority for
administrative courts in this country and no Act can be passed to
legitimise them because of the constitutional restraints placed upon her
Majesty at Her coronation. The collection of revenue by such means is
extortion, and extortion has been found reprehensible since ancient
times.
Separation of powers Today, in the year 2011, we find for
example, that in the council tax regulations, the billing authority, the
prosecuting authority and the enforcement authority are all vested in
the same body. The same bodies even purport to issue their own legal
documents, by tacit agreement with the Courts. In our system of Common
Law, the rule of law demands that we have a separation of powers. Today,
the powers are not separated. The executive is not a distinct,
free-standing leg of the tripod. The executive now emerges directly from
within the elected Chamber of the legislature where previously it
emanated directly from the Monarch. That leads to constitutional
confusion—because the executive has seized and misuses Parliament’s
democratic credentials for its own, destructive, purposes.
Fortunately,
we have something to which we can turn to preserve our ancient laws and
freedoms. We have the Oath that Her Majesty The Queen took at her
coronation by which she is solemnly bound and from which no one in
England, Wales and Scotland has released her. At Her Coronation the
Queen swore to govern us, “according to [our] respective laws and
customs”. Certainly, among our reputed “customs”, is precisely that
invaluable and widely admired tripartite division of the powers. The
judiciary is part and parcel of our customary system of internal
sovereignty—“the Queen in Parliament”. It is one of the three separate
but symbiotic powers, and it is a capricious and self-serving contention
that it should not have the power to preserve the authority of the
legislature over the executive. It is a constitutional principle that
the assent of the Queen & Parliament is prerequisite to the
establishment of a Court which can operate a system of administrative
law in Her Majesty’s Courts in England. This was confirmed by Lord
Denning during the debates on the European Communities Amendment Bill,
HL Deb 08 October 1986 vol 480 cc246-95 246 at 250: “There is our
judicial system deriving from the Crown as the source and fountain of
justice. No court can be set up in England, no court can exist in
England, except by the authority of the Queen and Parliament. That has
been so ever since the Bill of Rights."
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