What would happen if Politicians exercised judicial functions in UK?

finglas9

The Lord Chancellor is a politician a member of the government and the top Judge so he is in both camps, The Judiciary and The Executive, he creates law and he presides over the law.
If your scenario were to happen there would be serious unrest because the politicians would be fireproof as they would create law and rule on law in their own favour so they would be even more corrupt than they are now. A case many years ago sets out the "equality under the law" as reasonably fair and democratic. It involved the police wanting to search a mans house, they could not get a warrant, the Home Secretary said "I am giving you the authority to search his house, go and do it" He thought he was so powerful as Home Secretary that he could work outside the law. As the law requires a judge must authorise a search warrant and as the judge is not elected he is not concerned with being popular he is concerned with properly implementing the law. The case went to court and the Home Secretary was ruled to have acted beyond his powers as the police did not have the right to search he mans house, the case was kicked out the man was not convicted even though the police found drugs under his settee. The current crop of politicians give a very good impression of working outside the law as they certainly are not subject to the same punishment as you and I. Fiddle your expenses and see if you can put it down to "a mistake" ?? you and i will be sacked.!!!

emp_peng

I'm not 100% about this but I don't think it can happen as there are strict limitations on MP's in the UK regarding conflict of interest

on thin ice

Is this another course work / assignment that is being completed as the holidays come to and end?

The already muddy and imperfect separation which supposedly supports our democracy would be totally and very obviously re-written. If you are cynical one would say the myth had finally been laid to rest. As for Parliamentary supremacy why should that alter other than the politicians / judges would ensure they stayed in power even longer after their sell by date. In such case Law is only what victors exercise over their defeated for in the final analysis rule only operates when sufficient people recognise, accept or are subdued by it.

In the long term, as to what would happen ... the people would take to the streets .. then walls would fall, dictators flee with their gold to safe havens, or the military would ac t like Burma or similar places.

joe Bennett

Interesting comments - sadly this happens today. MP's have and will continue to do as they wish, especially when it comes down to their own personal and selfish gain. Parliamentary salaries and expenses for instance - who sets them? Mmmm, very interesting answer to this. Also naughty and quite wrong, the fact that they are allowed to set their own salaries and expenses. This is where we fall down I'm afraid and in my opinion is where the monrch could play an instrumental role, in that a the head of state should chair a commitee that is tasked with setting rules for both the salaries and expenses of M.P.'s, and other issues where there could be or are conflicts of interest with those setting and making the rules and regulations. History shows that Cromwell was so annoyed with how corrupt the M.P's had become, he dissolved Parliament and took over as Lord Protector - this was contrary to his own belief, since he removed the King due to his autonomous power. He was, fundamentally, a good man at heart but also made many mistakes. We aren't far off needing a new Lord Protector basis the amount of money being taken by the Gravy Train full of heavy Public Purse salaries such as Doctors, Professors, M.P.'s, Whitehall officials, Council Chief Executives and the Judicairy to name but a few. All of whom do nothing other tha spend money rather than making money and contributing to the wealth of the UK nation. They would of course argue that they contribute in other ways, but I'm not cnvinced that their salaries, benefits and perks befit the roles that they play - certainly not when you compare it to other commerical roles who of course have no guarantees of any kind!

Enter Your Message or Comment

User Name:
User Email:
Post a comment: