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The Times Lawyer of the Week (December 2005) www.timesonline.co.uk
Sir,
Michael Burleigh (Lawyers sap our will to combat terrorism) identifies
a problem, but fails to provide a solution. The problem resides
with secular morality, as it exists in the United Kingdom, in that
it undermines the rule of law. The rule of law is one of the greatest
heritages of our Judeo-Christian tradition; an ordered system of
determinations based on settled principles (not outcomes). The present
system is one of Judgeocracy; namely the determination of cases
according to the personal predilictions of individual judges benefiting
favoured and penalising dis-favoured groups in our society. In our
current weakened situation, it is imperative that Parliament re-asserts
its sovereignty over the Judiciary. Mistakes will be made by both
Judiciary and law-maker, however judicial determinations can be
anti-democratic and vesting power in Parliament ultimately vests
power in the British people.
Paul Diamond, barrister,
PO Box 1041, Barton Cambridge CB23 7WY
01223 264544.