I recall vividly the book (I THINK later revised to much the same effect ) of Professor J.G.Griffith “The Politics of the Judiciary”. At that time, now many years ago, his study was timely and salutary. I DO believe that the independence from the executive of our judiciary NOWADAYS is -shall we say?- more self evident. That is very far from saying that even the most honourable and independent of judges are immune to the -so often unthinking - prejudices which we all carry around with us like so much unhelpful luggage. Even so, I recall very well the -scarcely concealed - surprise bordering on bafflement- when Millers 1 and 2 came to their ultimate VERY independent conclusions. The LCJ’s speech on this subject is therefore welcome. As to Lord Falconer’s intervention, much though I liked and got on with Charlie, many was the battle royal in which I with others on behalf of the Law Society became engaged. It was VERY often to do with far more “honest broker” issues (right of jury trial being just one) than merely legal aid remuneration. And so unsurprising though it may be here is a former Labour Justice Secretary at a Labour Party Conference. Further comment would, perhaps, be superfluous.
Moral courage is not the same as having a moral compass. Nazi judges displayed moral courage but followed a depraved moral compass. Moral courage without a moral compass is dangerous.
I recall vividly the book (I THINK later revised to much the same effect ) of Professor J.G.Griffith “The Politics of the Judiciary”. At that time, now many years ago, his study was timely and salutary. I DO believe that the independence from the executive of our judiciary NOWADAYS is -shall we say?- more self evident. That is very far from saying that even the most honourable and independent of judges are immune to the -so often unthinking - prejudices which we all carry around with us like so much unhelpful luggage. Even so, I recall very well the -scarcely concealed - surprise bordering on bafflement- when Millers 1 and 2 came to their ultimate VERY independent conclusions. The LCJ’s speech on this subject is therefore welcome. As to Lord Falconer’s intervention, much though I liked and got on with Charlie, many was the battle royal in which I with others on behalf of the Law Society became engaged. It was VERY often to do with far more “honest broker” issues (right of jury trial being just one) than merely legal aid remuneration. And so unsurprising though it may be here is a former Labour Justice Secretary at a Labour Party Conference. Further comment would, perhaps, be superfluous.
Moral courage is not the same as having a moral compass. Nazi judges displayed moral courage but followed a depraved moral compass. Moral courage without a moral compass is dangerous.