miss_s_b: (Politics: Democracy)
miss_s_b ([personal profile] miss_s_b) wrote2011-05-24 12:15 am
Entry tags:

People who do not understand our constitution should not pontificate on it. WARNING: contains rant

Do you know what really annoys me about this privacy argument? The number of people complaining about "unelected judges making up law".

Firstly, to talk in generalities, the three arms of any legitimate government are the legislature, the executive and THE JUDICIARY. Judges are MEANT to interpret the laws they are given by the legislature, and they are MEANT to fill in the gaps when people have a dispute and the legislature hasn't legislated for that particular dispute. Just because we have a fucked up slightly unbalanced system in this country where the executive effectively controls the legislature and has carte blanche to do what it likes does not mean the system would be made better by having the executive control the judiciary as well.

Secondly, to speak to this specific matter, when I did my initial degree in the mid nineties, we discussed how the forthcoming Freedom of Information Act meant that we would need a corresponding privacy act, or there would be all sorts of problems, especially given the vagueness of the provisions of the forthcoming Human Rights Act. If, FIFTEEN SODDING YEARS LATER we still haven't got a privacy act, that is NOT the fault of the judges. Judges have to adjudicate on the case before them whether there is statute or not. If there IS statute then they are bound to use it, but if there ISN'T... If parliament doesn't want "unelected judges making up law" they should pull their bloody fingers out and enact something.

Of course they won't, because it's too much of a hot potato, and it's far easier to do nothing, and when a flare-up happens sit back on your comfy green/red benches and whine about "unelected judges making up law" because most of the mainstream media, and therefore the public, are so ill-informed in legal and constitutional matters that they'll just swallow it and parrot it back to each other.

In summary: anyone who whines about "unelected judges making up law" can safely be dismissed as talking total bollocks, probably to score political points.

And that's not just the wine talking (please excuse any drunken typos).

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