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Hello, I am lawyer with a PSA: almost everyone is wrong about the OGL and SRD. Clearing up confusion.
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<blockquote data-quote="pemerton" data-source="post: 8880138" data-attributes="member: 42582"><p>I know the UK has a constitution. It doesn't pretend that it doesn't. But it is unwritten in part, and in part (as I'm sure you know) distributed among various statutes that are amenable to repeal or amendment in the ordinary fashion. (Subject to recent judicial doubt about the operation of implied repeal in relation to so-called constitutional statutes.)</p><p></p><p>There can be retrospective criminal laws in the UK, just as there can be in Australia - for the latter jurisdiction, see eg the Polyukhovich case. In Australia a federal bill of attainder would be an invalid attempt by the legislature to exercise the judicial power of the Commonwealth; a state bill of attainder would be suspect but any argument for its constitutional invalidity would be quite complex (the starting point would be Kable's case). In the UK there would be interpretive questions that arise both under the principle of legality and the Human Rights Act, but a sufficiently clear bill of attainder would have legal effect.</p></blockquote><p></p>
[QUOTE="pemerton, post: 8880138, member: 42582"] I know the UK has a constitution. It doesn't pretend that it doesn't. But it is unwritten in part, and in part (as I'm sure you know) distributed among various statutes that are amenable to repeal or amendment in the ordinary fashion. (Subject to recent judicial doubt about the operation of implied repeal in relation to so-called constitutional statutes.) There can be retrospective criminal laws in the UK, just as there can be in Australia - for the latter jurisdiction, see eg the Polyukhovich case. In Australia a federal bill of attainder would be an invalid attempt by the legislature to exercise the judicial power of the Commonwealth; a state bill of attainder would be suspect but any argument for its constitutional invalidity would be quite complex (the starting point would be Kable's case). In the UK there would be interpretive questions that arise both under the principle of legality and the Human Rights Act, but a sufficiently clear bill of attainder would have legal effect. [/QUOTE]
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Hello, I am lawyer with a PSA: almost everyone is wrong about the OGL and SRD. Clearing up confusion.
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