Page 1 of 2

Judges and the Law.

PostPosted: 17 Feb 2013, 10:32
by Workingman
Theresa May is on her hobby horse moaning that Judges are undermining parliament by interpreting laws as they see fit. What a surprise that is! Her complaint, this time, is that deportation guidelines for foreign criminals are being ignored, so she intends to beef them up with legislation.

She is right, well partly, but it is a dangerous tack to make laws, and their delivery, absolute.

As I see it the main problem is parliament itself. It is overloaded with members of the legal professions yet it cannot formulate even the simplest of laws without leaving them open to interpretation at every turn by.......... those practising law in the Courts, who make vast fortunes from their legal challenges. Another surprise!

Re: Judges and the Law.

PostPosted: 17 Feb 2013, 10:44
by Aggers
As I've said before, the whole judicial system requires a good shake-up.

For a start, I don't think that judges should come up from the ranks of lawyers. If they came
from other sources we might get some common sense in our courts.

It might be a good idea, too, to bar members of the legal profession from putting up for parliament.

Not a chance ! :lol:

Re: Judges and the Law.

PostPosted: 17 Feb 2013, 12:23
by cromwell
We are subject to the rulings of the European Court of Human Rights, and EU law takes precedence over UK law.
So I'm at a loss as to how Teresa May thinks that she is going to pass a law that she can definitively say "This will ensure foreign criminals will be deported"?
No law that she puts through Parliament can give that assurance.

Re: Judges and the Law.

PostPosted: 17 Feb 2013, 13:22
by Workingman
This has nothing to do with the EU.

The ECHR, and its convention(s), are separate from, and outside of, the EU. In any case, even European citizens, different from foreign nationals, can be deported on various grounds if they have been sentenced to more than two years in jail - one year for foreign nationals.

This is about how British judges interpret sentencing..... and some of them are defying the wishes of parliament and its guidelines. We see it every day, and they do need to be reined in, but not by making sentencing absolute, imo. I am all for minimum sentencing, where all time must be served, but where any 'extras' are at the discretion of the judge and open to parole.

Re: Judges and the Law.

PostPosted: 17 Feb 2013, 13:26
by Suff
Don't legislate.

Make judges Impeachable.

Job done!

Re: Judges and the Law.

PostPosted: 17 Feb 2013, 14:46
by Oojamaflip
I agree Suff.

It would put an end to the 'chess match' between those who create legislation and those who have to put it into practice.

Re: Judges and the Law.

PostPosted: 17 Feb 2013, 15:00
by Workingman
But to impeach someone they have to be breaking the law, and sentencing guidelines are not law they are only guidelines.

To impeach judges the laws and their sentences would have to be absolute. There would be no extenuating circumstances for the accused, and no parole. The process would be so draconian as to go against natural justice.

Re: Judges and the Law.

PostPosted: 17 Feb 2013, 15:12
by cromwell
I can't see Teresa May getting such a law through Parliament. Labour will oppose it and the LibDems will too, imo, so she's on a loser from the off.

Re: Judges and the Law.

PostPosted: 17 Feb 2013, 15:58
by TheOstrich
It seems to me the best solution is to deport them within 24 hours of sentencing and ask questions afterwards!

It also occurs to me it's a technique that could include judges as well as criminals ..... :mrgreen:

Re: Judges and the Law.

PostPosted: 17 Feb 2013, 18:53
by Aggers
I think we should kick the stupid judges out of office and stick them in prison.

They are a curse to society. We don't need all the stupid legal system that used
to be the envy of the world but is now nothing but a worldwide laughing stock.

What with our corrupt government, politicians who spend too much time twittering,
greedy bankers, and dubious characters invading our country, our future looks black.

I'm glad I'm not one of the young persons facing such a horrible future. God help them.