Slashdot Mirror
British Video Recordings Act 1984 Invalid
chrb writes "BBC News is reporting that the British Video Recordings Act 1984 is invalid due to a 25 year old legal blunder. The Thatcher government of the day failed to officially "notify" the European Commission about the law, and hence it no longer stands as a legal Act. There will now be a period of around three months before the Act can be passed again, during which time it will be entirely legal to sell any video content without age-rated certifications."
>>>people who were previously prosecuted for breaking a non-law will be unable to overturn their prosecution.
Jeez. More stupidity. People should not be forced to adhere to a law, or be punished by a law, that has been declared unconstitutional. "All laws, rules and practices which are repugnant to the constitution are null and void." Marbury v. Madison, early 1800s.
"The general rule is that an unconstitutional statute, though having the form and name of law, is in reality no law, but is wholly void, and ineffective for any purpose; since unconstitutionality dates from the time of it's enactment, and not merely from the date of the decision so branding it... No one is bound to obey an unconstitutional law, and no courts are bound to enforce it." - Sixteenth American Jurisprudence, Second Edition, Section 256
"Where rights secured by the Constitution are involved, there can be no rule-making or legislation which will abrogate them." Miranda v. Ariz., 384 U.S. 436 at 491 (1966)."
Apparently the European Union and/or UK Parliament doesn't understand these basic precepts.
Since the law has been declared unconstitutional, all crimes or punishment under that law
should be reverted back to the first day of enactment (1984), as if that law never existed.
"I disapprove of what you say, but I will defend to the death your right to say it." - historian Evelyn Beatrice Hall
Atheism is a religion to the same extent that not collecting stamps is a hobby. ...
Atheism is a religion to the same extent you have a burning need to comment on other people's stamp collecting.
intellectual property law is philosophically incoherent. it is your moral duty to ignore it or sabotage it