The Law unto it­self

Country Life Every Week - - Letters To The Editor -

AM dis­ap­pointed that Agromenes ap­pears to sub­scribe to the dan­ger­ous view that the Lord Chan­cel­lor and Sec­re­tary of State for Jus­tice is ‘in charge of the lawyers’. This idea seems to be widely held. The idea that lawyers or judges should be sub­ject to di­rec­tion from gov­ern­ment is ab­hor­rent to the Rule of Law and the Sepa­ra­tion of Pow­ers. One of the pur­poses of the Con­sti­tu­tional Re­form Act 2005 (CRA) was to en­sure that the judges are pri­mar­ily un­der the di­rec­tion of the Lord Chief Jus­tice and not a gov­ern­ment min­is­ter.

Although the CRA does not stip­u­late that the Lord Chan­cel­lor must be a lawyer, it is es­sen­tial that the holder of the of­fice un­der­stands the ba­sic prin­ci­ples of the con­sti­tu­tion and to chal­lenge the Gov­ern­ment if it pro­poses to act in an un­con­sti­tu­tional man­ner. Richard Bond, by email


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