Munday article Biblography and footnotes

 

1 "The Use of Licensed Firearms in Homicide - England & Wales", Home Office RSD evidence to the Dunblane enquiry, reprinted in Munday & Stevenson, Guns & Violence (Piedmont 1996) pp.321-326 & commentary pp.341-363: Frank Cook MP, speech in Hyde Park 1.12.1996 col. 1155.

2 Andrew Fletcher, Political Works, 1749, p.7.

3 "Comments on the Research Note in the Government Evidence (Annex G)", Home Office RSD evidence to the Dunblane enquiry, reprinted in Munday & Stevenson, op.cit., p.210.

4 "The Bill of Rights is perhaps the nearest approach to a constitutional code which we possess". Sir William Anson, The Law and Custom of the Constitution, (5th Edn., Oxford 1922).

5 W & M Sess. 1, c.15.

6 Statute of Northampton 1328.

7 7Cf. Rex v. Filer, 1722; Bluet v. Needs, 1736; Rex v. Gardner, 1739; Malloch v.Eastly, 1744; Wingfield v. Stratford, 1752; Rex v.Thompson, 1787.

8 Rex v. Smith, 1914; cf. Rex v. Dewhurst, 1820, & Rex v. Meade, 1903.

9 C. Greenwood, Firearms Control (London 1972). p.72.

10 A. V. Dicey, Introduction to the Study of the Law of the Constitution, (8th Edn., London 1931) p.xviii.

11 Ibid., P.84.

12 Ibid., pp. 62-63.

13 Edward Coke, The fourth Part of the Institutes of the Laws of England (1628; this edn. London 1747) p.36. p.43.

14 Dicey himself observed that "The uncertain character of the deference paid to the conventions of the constitution is concealed under the current phraseology, which treats the successful violation of a constitutional rule as a proof that the maxim is not in reality part of the constitution" (Ibid., p.437)

15 William Blackstone, Commemtaries on the Laws of England (Oxford 1765) Book 1 pp. 156-157.

16 The provisions of the Bill of Rights and the other principle constitutional documents reflected "that residuum of natural liberty, which is not required by the laws of society to be sacrificed to public convenience", ibid., Book 1, p.125. Cf. p.70: "And it hath been an antient observation in the laws of England, that whenever a standing rule of law, of which the reason perhaps could not be remembered or discerned, hath been wantonly broken in upon by statutes or new resolutions, the wisdom of the rule hath in the end appeared from the inconveniences that followed the innovation", & P.226: "James had broken the original contract between king and people", the terms of which were then declared after the Revolution.

17 Dicey, op. cit., pp.69-79.

18 "It is probable, if not certain, that anyone, who realised the extent to which parliamentary government itself is losing credit from its too close connection with the increasing power of the party machine, will hold with myself that the referendum judiciously used may... revive that faith in parliamentary government which has been the glory of English constitutional history" Ibid., p.c.

19 "A politician is almost a term of abuse in many countries, but fifty years ago in this country Members were universally believed to be men of principle and of sufficient independence to oppose any measures, from whatever source, that might adversely affect our constitution or parliamentary system", J. J. Craik-Henderson, "The Dangers of a Supreme Parliament", in Lord Campion et al., Parliament: A Survey (London 1952) p.94.

20 It is ironical, but perhaps unsurprising, that recent years have seen calls for a new Bill of Rights: cf., e.g., A. Lester, A British Bill of Rights (2nd edn., Institute for Public Policy Research 1996).

21 Cf. S Halbrook, That Every Man be Armed: The Evolution of a Constitutional Right (Albuquerque 1984) pp.3743.

22 Blackstone, op.cit., Book 1, p.136.

23 Ibid., p.140.

24 James Pateson, Commentaries on the Liberty of the Subject and the Laws of England Relating to the Security of the Person (London 1877),p.441.

25 R.W. Gould & M.J. Waldren, London's Armed Police (London 1986) pp.61-68.

26 Dicey, op.cit. pp.493-495, citing Foster; "Where a felony is committed and the felon flyeth from justice, or a dangerous wound is given, it is the duty of every man to muse his best endeavours for preventing an escape. And if in the pursuit the flying party is killed, whereby he cannot otherwise be overtaken, this will be deemed justifyable homicide. For the pursuit was not barely warrantable; it is what the law requireth, and will punish the willful neglect of".

27 Statistics compiled 1911-1913 by the Commisioner of Police of the Metropolis indicated an average of 75 incidents a year in which a firearm was used or possessed (Greenwood, op.cit., p36); 1992-1994 the Metropolitan Police recorded an average of 3,084 firearms offences (Home Office RSD).

28 Munday and Stevenson, op.cit., p.244.

29 Ibid. p116.

30 Cf,e.g., Proffesor Csaszar (University of Vienna): " Experience shows that tightening the gun laws affects only the law abiding. Their progressive disarmament can ultimately even promote crime, as the probability of armed defence against aggression diminishes" (Ossterreichishe Richterzeitung 9/1994, p180); Dr Dobler (University of Freiburg); " The lesson that a reduction in the number of firearms available does not necessarily mean a reduction in the case of gun crimes is also clearly applicable to Germany. It is indeed conceivable that raising the level of firearms ownership would have a depressive effect on crimes of violence and against property" (E. Dobler, Schufwaffen und Schufwaffenkriminalitat in der Bundesrepublic Deutschland, Frieburg I. Br. 1994, p207); & discussion in Munday and Stevenson, op.cit., pp.236-245.

31 Peter Jackson et. al., "Was the Dunblane Enquiry Misled?"

(also available at ftp://ftp.islandnet.com/ForgeConsulting/res/crimstat.zip)

32 Cesare Beccaria, Dei e Delitti e delle Pene (1764; English trans by H. Pauolucci, On Crimes and Punishments, 1963) pp87-88.

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