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Constitutional Reform; Will the Justice System Benefit?
Member rating: No Rating | Words: | Submitted: Tue Jun 01 2004
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Constitutional Reform; Will the Justice System Benefit? In July 2003, the government launched a raft of reform proposals as part of their 'continuing drive to modernise the constitution and the legal system for the purposes of making it more relevant and effective for today's world1'. The proposals attracted immediate criticism. They were attacked for displaying 'breathtaking arrogance'2, a 'hostility to history'3 and of constituting less substance than spin4. There is truth in such criticism; but this truth strengthens, rather than weakens, the case for reform. Ensuring that the judicial system is seen as both legitimate and fair must be the first priority of the justice system today. The courts provide the strongest check against a Parliament tempted to override accepted notions of human rights and the Rule of Law. Because Parliament is sovereign, it can pass any law it chooses, overruling any judgment made by the courts. The...
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