6th January 2023
Over at my new law and lore Substack, I have published an essay for paying subscribers on how the Malone case of 1979-1985 exposed the lie of our supposedly liberal constitution and changed the way we were governed.
The essay starts as follows:
Consider this simple, attractive proposition: in the United Kingdom, you are free to do as you will, unless there is a law against it.
What could be wrong with such a nice proposition: it is almost a perfect articulation of principled liberalism.
But.
This proposition can have a hidden and ugly implication.
For it also can mean that the State can do as it wishes, to you and other people, unless there is a law against it.
And the case which exposed this unpleasant truth – and helped put an end to it, so that the State was required to have a legal basis for interfering with our lives – is the 1979-85 case of Malone.
This is the story of that case, and of its effects.
You can read the rest of the essay with a paid subscription here.
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