Subject: Re: Webpage for lawstuff
   Date: Sat, 2 Mar 2002 05:45:20 EST
   From: JohnCharville@aol.com
     To: editor at perceptions.couk.com

Yoh Ed

I fully agree that your site is not qualified to advise on the Law

However, there is much Law out there on the Net, there is the European Community
Website "Europa", most UK Acts since 1988 are held on the HMSO site, and European
Court of Human Rights stuff is held naturally on their site.

Might I suggest a half way between letters and an advice page where, the various
relevant bits of law are referenced direct to the relevant websites. The problem
that I found was not necessarily that the Law is out there, but that there is so
much of it that it could take a lifetime to look for relevant matters.

In fact I could run up a website myself which you could direct people to from
your home page and elsewhere on your site. Tripod provides 50 megs of site free.
it is the advertising that drives one up the wall.

Under UK Law.
An example of what I mean is the Consolidated Treaty Establishing the European 
Community. Title XIII Art 152 makes Public Health an Matter of European Community
Competency. This includes the mental health of individuals who are falsely accused
of serious crimes such as rape or child sexual abuse.

For an individual to rely upon the legislation of this treaty, which is aimed at 
the government one would have to also rely upon the Doctrine of Direct Effect, 
and/or the 1963 European Court of Justice Case of Van Gend & Loos C-026/26  

Treaty Establishing the EC
[ref] "http://europa.eu.int/eur-lex/en/treaties/dat/ec_cons_treaty_en.pdf" 

DOCI - 61962J0026 - bas-cen 
[ref] "http://europa.eu.int/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=en&numdoc=61962J0026"

Through this Law one can rely upon the real European Convention for the Protection
of Human Rights as signed in Rome on November 04 1950, and not the pretence of the
Human Rights Act 1998 which deletes Articles such as art 13 and the right to a 
remedy for violations of one's rights notwithstanding that such violations were
committed by people acting in Official Capacities. However, one would have to quote
relevant European Court of Justice Case Law

DOCI - 61989J0260 - bas-cen 
[ref] "http://europa.eu.int/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&lg=en&numdoc=61989J0260"
Paragraph 41 is relevant.


The above is a mere snippet of what is available and to which people can be directed.

I could detail how I set about bringing a case in the UK, this would overcome the
position on advice. I would simply be providing my own case as an example

Wording such as I believe and in my opinion can be used to great effect, and of 
course a full disclaimer as to conclusions drawn from the factual law might be 
considered essential.

What do you think?

Regards John Charville