Posted on 12/02/2008 5:32:08 PM PST by bruinbirdman
Three judges agreed that the role of the island's unelected Seneschal - who is both president of Sark's parliament and its chief judge - contravened the European Convention on Human Rights, which protects the rights of individuals to a fair trial.
The declaration by the Appeal Court is not legally binding, but if the island's rulers do not implement the judges' recommendations to remove one of the Seneschal's two roles they could face further legal action in future which could force them to act.
Sark has operated under a feudal system for 450 years, after Elizabeth I granted the island's feudal lord, or Seigneur, the right to operate it as an independent "royal fief".
But after drawing up a new constitution, the island will embrace partial democracy on December 10 when it holds its first elections for seats in the island's parliament, the Chief Pleas, which had previously been reserved for 40 Sark landowners.
Critics have said the reforms do not go far enough, because the Seneschal, Lieutenant Colonel Reginald Guille, and the Seigneur still keep many of their powers.
Sir David and Sir Frederick Barclay, proprietors of Telegraph Media Group, who own property on Sark, challenged the constitution, arguing that it retained the "relics of feudalism".
Although Sark, as a Crown dependency, is not part of the UK or the EU, its laws must be given Royal assent, meaning they must be scrutinised by the Privy Council, led by the Justice Secretary, Jack Straw.
The Barclay twins challenged Mr Straw's decision to approve the Sark constitution, arguing that he had failed in his duty to ensure that the island's laws complied with European conventions.
Finding in favour of the Barclays, Lord Justice Pill ruled that the position of the Seneschal - who, sitting alone, "constitutes the sole court of
(Excerpt) Read more at telegraph.co.uk ...
I did not realize this. I have a friend who is living on Sark at this very moment, and he never mentioned it.
This is the final end of monarchy and aristocracy in Great Britain, except as a social function.
Sounds like allowing only landowners to vote has worked pretty darned well! Sark hasn’t started any wars, hasn’t taken anyone over, hasn’t had any domestic problems worthy of note. Don’t know how their economy is working, but it surely can’t be worse than ours. Tall me again why our system is superior?
They settled in Sark to dodge taxes, and then they want to bring to bear all the oppressive machinery of the liberal tyrants they fled.
Just like the doggone Californians moving to Arizona and Nevada.
No, I think the House of Lords and the monarchs rulership over the Anglican Church mean the monarchy/nobility is still alive if not well.
Elections like our last one make me like that idea better and better.
That and a literacy test... administered in English only.
OK, I give up - WTH is “Sark?”
Why is Obama still in campaign mode?
Something to do with where he was born perhaps? A feudal vestige of our constitution? LOL?
Consider yourself enfeoffed.
Effing Great isn't it?
Thats the problem.
But it has been known to be a fiefdom located in the English Channel Islands, but seems to be floating towards Europe.
Google “the Sark lark” for info on a sweet little tax haven that may be about to disappear. Lanes full of cozy thatched-roof cottages, each bearing the brass nameplates of half a dozen “multinational” corporations.
Almost all semblance of religion long ago left the CoE, along with most of its worshippers. The "bishops" of that government-funded socio-cultural organization are government-appointed life peers. If the monarch is a sort of special patroness, that's practically a private affair. Antidisestablishmentarianism is dead, and whatever might be left of the old establishment will follow soon enough.
There was some hope for Sark, but now that's gone too.
Naturally the socialists find a need toscrew things up.
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