Post 54: Laying Down the Law

 LAYING DOWN THE LAW

Tabloids do ‘Distraction’ tactics
Of headline shout and shock
Which divert the enquiring reader
Enraged by the latest ‘exclusive’ leader
Appealing to prurience, sleaze and sensation
Encouraging voluble high indignation

Meanwhile, where our laws are shaped
Our suffrage is routinely raped
Cohorts of a right wing crew
Make sure new laws get voted through
That increase private representation
Of public services for the Nation

I make no apologies for repeating that poem; which was originally published on Post 21, ‘Distracting Democracy’ and related to the gradual destruction of our National Health Service. However it can also relate to the apparent attempts to weaken the independence of our Judges to uphold the laws of our land; and to protect those laws from malign political influence.

One of the establishments that we should be rightly proud of is our independent Judiciary. Back in the mists of time Britain was, mainly, a lawless place. The first, unwritten, Celtic law is attributed to the Druids. Roman law all but disappeared with the departure of the Romans. The first ‘written’ law arrived with the Anglo Saxons, and was written down by clergy following the Christianisation of the Anglo Saxons. And it was the clergy who brought with them the art of letters, writing and literacy.

The church, which could be described as our first ‘civil service’ subsumed Anglo Saxon unwritten law into written legislation. This law and the institutions that came into being survived the Norman conquest of 1066, and formed the foundation of common law. The system was administered by the Shire and Hundred courts. Shire courts (Moots) maintained the law at local level; and collected taxes on behalf of the Crown. This system followed on from the Domesday Book of 1086; the ‘great survey’ undertaken at the behest of William the Conqueror; which listed land holdings and property in England and parts of Wales, that were subject to payment of dues to the Crown.

I don’t want this post to turn into a lengthy history of the law of our land. Suffice to say that down the decades the law has been modified and fine tuned to meet the needs of a legal procedure that is fair and all embracing.

But I have to mention the ‘Lawyer King’ Henry II (son of Matilda and Geoffrey), who ruled from 1154 to 1189. He regarded the delivery of justice as one of the key tasks of a King and appointed good administrators to carry out reforms. After 1166, the Exchequer Court was widened to take on civil cases on behalf of the King. Circuit courts (Eyres) were created when royal Justices visited all counties in England, with authority to cover both civil and criminal cases.

These legal changes are considered as the basis for our common law; greatly expanding the role of Royal justice, and producing a more coherent legal system. And, despite his unpopularity after the martyrdom of Thomas a Becket, he was able to subtly reduce the power of the church over the laws of the land. Since then subsequent rulers have given up powers over the rule of law; which is now made in parliament; and upheld by Judiciary.

In October 2009 the Supreme Court formally took over the Judicial functions of the House of Lords, as the final Court of Appeal; thus reducing any political influence that could be applied via Parliament’s upper house. Parliamentary sovereignty is still supreme in the House of Commons however; and the Supreme Court only has power to affect secondary legislation. So, why am I worried that our judicial system is under threat? Because in the last few years of government there have been attempts by individuals to undermine judicial decisions.

Worldwide, the glaring example of political influence over justice is becoming ever more evident. In the United States of America, Judges have been blatantly selected for their political leanings; and many other countries have to put up with justice skewed in favour of dictatorial power.

We must always be vigilant in maintaining our judicial rights; won over centuries of legal reform and public representation. Democracy depends on it.