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Jerry Hayes

Time to have a moratorium on Judge bashing. Parliament has not distinguished itself in fighting for our freedoms; ask Gary Mckinnon.

February 24th, 2011 by Jerry Hayes

I’m afraid our judges have become like dangerous dogs. No, I don’t mean that M’luds are frothing at the mouth, laying in wait along the garden path to maim any strolling  child or passing postman. It’s just that Fleet Street and rent a quote politicians on the make, are scanning the local press as they did in the nineties, to dig out any “mad judge”stories to prove that, “something has to be done” and that it is the elected politicians who safeguard our freedoms and not a brief of silly old farts in wigs who are totally out of touch with reality and who want to sell our fine manly hearts of oak British souls to the bureaucrats of Brussels.

Sadly, these passing whims of hysteria always lead to legislative disaster. I can give testament to this because, as a craven bloody fool, I voted for that monumental legislative cock up, the Dangerous Dogs Act and the that other piece of parliamentary wank (the name of which nature has removed from my mind) which destroyed decent, well managed law abiding gun clubs.

So imagine my surprise when the normally cerebral and sane Michael Howard jumped on the judge bashing bandwagon yesterday with a rather silly piece in the Times banging on about that the real custodians of our freedoms is the democratically elected Parliament rather than judges. Worse, that Parliamentary sovereignty must be “restored”.

This is such monumental bollocks that it is worth examining before it gains traction. Of course Parliament must be sovereign. But sovereignty in the real world. An act can be passed abolishing death, or renaming the continent of Europe, “Great Britain”, but it is meaningless. The whole point of an independent non elected judiciary is so they can make decisions without having to suck up to the venal and transient appetites of the electorate or an over powerful executive, who with bribes and  threats to their lobby fodder,  can steam roller the most appalling and dangerous crap onto the statute book.

What did Parliament do to help the freedoms of those innocent men whom the government would have allowed to go to jail in the Matrix Churchill supergun scandal? Nothing. It was the unelected judges who intervened to see that justice was done.

And has Parliament distinguished itself in protecting our freedoms with the introduction of the European Arrest Warrant? Of course not! It was whipped through. And I bet Gary Mckinnon is deeply grateful for the way Parliament has protected his freedom by introducing the quite scandalous extradition procedures with the United States of America.

So every time a politician squeals foul when a court gives a judgement which is inconvenient, they should remember that Parliament made the law and judges are merely interpreting it. The judiciary are not on some sacred mission to usurp the law making function, they are just clearing up the mess of a system which doesn’t adequately scrutinise the laws that it makes.

When David Cameron returns from the Middle East he would be wise to bring the temperature down a few degrees. Sadly, his and Theresa May’s verbal incontentence only encouraged the backbench knuckle draggers to whip up a bit of unhelpful ersatz rage.

Our judges, irritating and grandiose as some of them are, still deliver justice that is envied in both America and Europe. A tiny minority might be just a little bit mad, but not one of them is corrupt. Our legal system has many faults. Sometimes judges get it wrong. Sometimes judges throw hissy fits. But there is not a single one of them who does not believe in protecting our freedoms. I wish I could say that of Parliament.

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Comments [ 6 ]

  1. Salem (rat) Salem (rat) says:

    All correct. Howard was talking bollocks.

    Now, why the hell has Zeta Jones got a gong? This is the big question of our age. I mean, funnelling Douglas’s hog is a gift to all the other women of the World, but still…

  2. harry Benn harry Benn's Pig says:

    It’s Parliament makes wot makes the rules but leave the commonsense to the judges

    And who exactly are the beetles?

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