JUDGE THEM NOT

In recent times the Judges in England have been getting militant. People have varied opinions on this. Some say they should stay out of politics, to which I would say: very true – as long as the politicians stay out of matters judicial.

In their drive to control everything, New Labour has repeatedly stuck its nose into the courts where, in a democracy, they have no right. The offering of constant guidelines to sentencing does nothing but try to take away ages old roles in crime and punishment.

 If democracy has a father it is the 18th century philosopher John Locke. It was he who devised the Inalienable Rights that we take so glibly these days. But he also devised the idea of the Separation of Powers.

Although the Judiciary was a later addition, he said the Legislature and Executive should be separate powers so that those who devise the law should not run the law. With the addition of the Judiciary, the people who decide between the two should also be separate.

 In this system, no one is above the law, and dictatorship should be impossible. The system has always had an uneasy relationship in Britain. For instance, the Prime Minister is in the Legislature (Parliament) and Executive (Cabinet). The Lord Chancellor is in the Legislature (Lords), Executive (Cabinet) and actually runs the Judiciary.

But regardless of this, there has been an unwritten understanding that the three powers of State should interfere with each other as little as possible. Until New Labour raised its ugly head and decided they know best.

They don’t. History has shown which is best. So my message to New Labour is simple. Get the hell out of the Judiciary’s face. If not, another slice of freedom will be gone. Either that, or the Judges will become so militant that the law really does become as ass.

© Anthony North, Feb 2007

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