Linked by Thom Holwerda on Tue 4th Oct 2011 13:31 UTC
Legal A few days ago, several countries signed ACTA, the Anti-Counterfeiting Trade Agreement. As you are probably aware, ACTA was drafted up in secret, and is basically Obama/Biden's attempt to impose the US' draconian pro-big business/big content protection laws on the rest of the world ('sign it, or else'). The European Parliament still has to vote on it, and as such, Douwe Korff, professor of international law at the London Metropolitan University, and Ian Brown senior research fellow at the University of Oxford, performed a 90-page study, with a harsh conclusion: ACTA violates fundamental human rights.
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kittynipples
Member since:
2006-08-02

Due process isn't a right, it is a procedural restriction on the government to prevent it from acting arbitrarily and in conflict with the law, so that is doesn't illegally infringe on actual rights. So in other words: you don't have a right to due process, you have rights and the government cannot infringe on those rights without first following the due process of law.

Copyright is itself a violation of individual rights that is created and enforced by the government because the law allows for it. "Fair use" is a common law creation of the courts that have poked limited holes in the monopoly granted by copyright law. But common law precedent can in most cases always be superseded by statute or treaty where those statutes/treaties aren't in violation of some superior law such as a constitution.

How this all applies to civil law systems found throughout Europe, I'm not sure because I'm no expert in them. But it seems to me that deep philosophical debates about inalienable human or natural rights are so 18th century... governments these days, and most sheeple for that matter don't care as long as they aren't too inconvenienced while getting strip-searched at the airport or being spied on by CCTV on every corner.

Reply Parent Score: 2

melkor Member since:
2006-12-16

And some of us do care, so it isn't moot. Hence this discussion.

Dave

Reply Parent Score: 3

saso Member since:
2007-04-18

Due process isn't a right, it is a procedural restriction on the government to prevent it from acting arbitrarily and in conflict with the law, so that is doesn't illegally infringe on actual rights. So in other words: you don't have a right to due process, you have rights and the government cannot infringe on those rights without first following the due process of law.


As far as I know, at least in the US, it is a right, inscribed in the Fifth Amendment to the US Constitution (the amendment being part of the "United States Bill of Rights"), which reads, in part:

"[No person shall] be deprived of life, liberty, or property, without due process of law".

Now of course I am not a constitutional lawyer, so I might be wrong. After all, all I do is read what the letters say in English, not Legalese...

[edit: typos]

Edited 2011-10-05 09:41 UTC

Reply Parent Score: 4

kittynipples Member since:
2006-08-02

Your citation is exactly how i phrased it. Due process is a restriction on arbitrary government action in order to protect rights (life, liberty, property, etc.), not a right per se. There is a large semantic difference between the two. Similar to how requiring a warrant to search your home is a restriction placed on the power of government, it is not itself an individual right. And in following the legal requirement to acquire a valid warrant, the government is meeting its due process obligation.

Reply Parent Score: 1

Thom_Holwerda Member since:
2005-06-29

Due process isn't a right, it is a procedural restriction on the government to prevent it from acting arbitrarily and in conflict with the law, so that is doesn't illegally infringe on actual rights. So in other words: you don't have a right to due process, you have rights and the government cannot infringe on those rights without first following the due process of law.


Uhm, no. Due process is an inalienable right - it's in the Universal Declaration of Human Rights, the European Declaration of Human Rights, and the US Bill of Rights.

Interestingly enough, it's not part of the Dutch equivalent of the Bill of Rights (chapter 1 of our Constitution), since we consider the European Declaration of Human Rights to be conclusive in this regard. There's a lot of pushing going on to include it in our Constitution anyway.

Reply Parent Score: 4

kittynipples Member since:
2006-08-02

The words "due process" are not even present in the Universal Declaration of Human Rights. Much of that document is silly anyways... universal human right to paid holidays... ha!

Reply Parent Score: 1