What is common law and why is it being misinterpreted? - The Guardian
Bogus interpretations in relation to Covid are becoming common strand across extremist groups
What is common law?
It is the system of law – used in the UK as well as in many places that used to be part of the British empire – based on precedents from judge’s decisions rather than in statutory law.
Common law is made by judges who study reports of older cases which have been decided and then derive principles from them that will be applied by other judges in future.
What are the bogus common law beliefs?
They vary, but activists and others believe they can draw on Magna Carta and ancient English law to challenge or ignore regulations and even bring politicians, scientists and journalists before supposed common law courts for “crimes”.
Such courts have not legal existence, nor do bogus writs, which anti-vaccine activists have been “serving” at schools and hospitals, calling for the administration and promotion of Covid-19 vaccines to be halted.
Common law writs or common law courts do not exist, nor do “common law constables”, which some activists have been “training” in order to form physical barriers against what they wrongly believe are the “unlawful” actions of the police and other legitimate authorities.
Where did it come from?
The modern bogus “common law” movement had roots in US sovereign citizen movements, emerging in the 1970s and gaining prominence as it merged with the growth of rightwing militias.
It made its way, via Canada, to the UK, where proponents have ranged from fringe political activists who have attempted to promote it by standing for office through to others attempting to set up “shadow” police forces. Others included pro-Trump supporters who attempted to stage a citizen’s arrest of Sadiq Khan in 2018.
What has happened recently?
Proponents of the bogus common law became more bellicose in the run-up to Brexit. However, the belief has been turbocharged on social media and has found a bigger and more receptive audience among those seeking reasons to disobey or ignore lockdown regulations during the pandemic.
A plethora of new, anti-lockdown and anti-vaccine groups are promoting it, including in some cases running bogus “courses” alongside training in civil disobedience techniques.
Some have attempted to disrupt vaccination centres by claiming that police are carrying out criminal investigations into the work after activists entered stations and made allegations. Police stress that reference numbers provided on these occasions to activists, who post footage on social media, do not mean there are investigations.
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source: https://www.theguardian.com/law/2022/feb/12/what-is-common-law-and-why-is-it-being-misinterpreted
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