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Independence of Legal Profession

The government seem to have forgotten the importance of the idea of the "Rule of Law".

The principle is simple. Parliament establishes laws. The courts enforce them.

The idea is that individual human beings are treated equally regardless of how well they know Tony and Cherie.

One of the most absurd sights recently was a judge being attacked by the government for doing exactly what the government have told him to do.

Yes, the outcome is absurd (the short minimum sentance issue). However, that is a point at which the rules need to be looked at rather than a judge criticised for doing exactly what he was told to do.

Yesterday was an interesting meeting of the Joint Legal Services Bill Committee. We had the Lord Chief Justice and Master of the Rolls as well as other people involved in legal regulation attending the committee to give evidence.

It is quite clear that if the Secretary of State (DCA) can appoint political clones to the Legal Services Board that it reduces the independence of the legal profession which undermines the separation of powers and the rule of law.

Lawyers need to be able to be a nuisance to the government otherwise the government will not be required to follow the rule of law.

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R v SUSSEX JUSTICES ex p McCARTHY [1924] 1 KB 256

I have only just found this one which I think is accurately reported below (but if it is not please give me an accurate report).

KING’S BENCH DIVISION

R v SUSSEX JUSTICES ex p McCARTHY [1924] 1 KB 256

November 9 1923

Editor’s comments in bold.

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