This sort of argument occasionally surfaces in the US sovereign citizen movement.longdog wrote: ↑Sun Nov 22, 2020 7:05 pmOh for fuck sake. How many more times?jackroe wrote: ↑Sun Nov 22, 2020 7:24 amThat would have been varied by subsequent legislation, so no, that is not true. Section 61 has never been repealed, nor has the section
Nos non faciemus justitiarios constabularios vicecomites vel ballivos nisi de talibus qui sciant legem regni et eam bene velint observare.
I think properly construed this requires a Judge to know Latin and to be able to understand this clause and execute it.
None of Magna Carta 1215, 1216, 1217 or 1225 needs to be repealed because they are not considered to have ever been a part of our current system of law.
They are not common law and as they predate the establishment of parliament in 1295 they could never be considered statute. The 1297 version is the only version which has ever been a part of our current system of law. The others belong to a previous system and are irrelevant.
The current (since 1789) US Constitution does not contain any language that explicitly repeals the Articles of Confederation that preceded it.
So, when some America sovcits are arrested, usually for a relatively minor traffic violation, they trot out some obscure provision (aren't they all?) of the AOC, claiming that it was never repealed so it still is in force.