Lord Justice Sedley, in UMBS Online Ltd. v. the Serious Organised Crime Agency and Her
Majesty’s Revenue and Customs.
In setting up the Serious Organised Crime Agency, the state has set out to
create an Alsatia – a region of executive action free of judicial oversight.
Although the statutory powers can intrude heavily, and sometimes ruinously,
into civil rights and obligations, the supervisory role which the court would
otherwise have is limited by its primary obligation to give effect to
Parliament’s clearly expressed intentions.
But, except where the statute prevents it, the scheme must also accommodate
what Byles J in Cooper v Wandsworth Board of Works (1863) 14 C.B.N.S. 180
called the justice of the common law. That is the duality we have sought to
recognise in deciding this case.
This site draws the similarity to another agency established
in 1933, The Gestapo was first simply a branch of the Prussian Police known as
“Department 1A of the Prussian State Police”. The role of the Gestapo was to
investigate and combat “all tendencies dangerous to the state.
Laws passed in 1936 effectively gave the Gestapo carte
blanche to operate without judicial oversight. Nazi jurist Dr. Werner Best
stated that “as long as the Gestapo … carries out the will of the leadership,
it is acting legally.” The Gestapo was specifically exempted from
responsibility to administrative courts, where citizens normally could sue the
state to conform to laws. (source).
NuLab – Destroying Britain
from the inside out.