The Law unto itself
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