"Judge Learned Hand once said: “A society whose judges have taught it to expect complaisance will exact complaisance …If the judges of today teach a new generation of lawyers, and judges, that complaisance by the judiciary to the views of the legislature and the executive in policy areas is the best way forward, one of the pillars of our democracy will have been weakened. In troubled times there is an ever present danger of the seductive but misconceived judicial mindset that “after all, we are on the same side as the government”.
Instead the judges of today must show by example to a new generation of lawyers, and judges, that it is the democratic and constitutional duty of judges to stand up where necessary for individuals against the government. The public is entitled to expect impartial and effective decision-making by a judiciary fulfilling its democratic duty in full measure--neither more nor less."
- Lord Steyn, Deference: a tangled story
No comments:
Post a Comment