Posted by Richard Willett - Memes and headline comments by David Icke Posted on 27 April 2024

A.V. Dicey Did Not Foresee the Gender Recognition Act

The Gender Recognition Act of 2004 states that, after receiving a certificate of ‘gender recognition’ by the state,

[a] person’s gender becomes for all purposes the acquired gender (so that, if the acquired gender is the male gender, the person’s sex becomes that of a man and, if it is the female gender, the person’s sex becomes that of a woman). 

Contrast this with one of the most famous lines from An Introduction to the Study of the Law of the Constitution by A.V. Dicey, first published in 1885:

It is a fundamental principle with English lawyers that Parliament can do everything but make a woman a man, and a man a woman.

The contrast between these two passages illustrates one of the great ironies of modern jurisprudence. It used to be a fundamental principle that Parliament could do everything but make a woman a man, and a man a woman. But then we had the Gender Recognition Act (which was provoked by a ruling of the European Court of Human Rights in July 2002). So now Parliament can make a woman a man, and a man a woman.

Now, what I want to point out about this is that it is a matter of law. Legislation was passed in 2004, following the United Kingdom losing a case before the European Court of Human Rights in 2002, a case which depended on articles of the European Convention on Human Rights originally signed in 1950 by all members of the Council of Europe and brought into force in 1953. Therefore it was a change in law which was behind all of the current debates about ‘trans’ issues; and, also to be noted is the significant fact that the change in law was demanded by a European court.

Dicey was not responsible for the line I have quoted. He called it a “grotesque expression which has become almost proverbial” and he attributed to J.L. de Lolme, a Genevan writer of the late 18th Century, whose book The Constitution of England; in which it is compared with the republican form of government, and the other monarchies in Europe was first published in English in 1775, and again in an enlarged edition in 1784 (where Dicey found the line). Dicey was using de Lolme’s expression to illustrate a principle summarised in William Blackstone’s Commentaries, but of much older provenance: the principle that Parliament “can do everything that is not naturally impossible”.

Read More: A.V. Dicey Did Not Foresee the Gender Recognition Act

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