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UK's top Judge warns about emerging 'elected dictatorship'
The office of Lord Chancellor may be rescued from the dustbin of history, the most senior judge in England and Wales hinted tonight.
The historic, 1,400-year-old title was due to be abolished under reforms announced by Prime Minister Tony Blair last year.
But tonight the Lord Chief Justice, Lord Woolf, indicated he believed there was a chance the Government had undergone a change of heart.
“It does seem that the office of Lord Chancellor may well survive, though the office holder will cease to be the head of the judiciary and will be bound by the concordat,” Lord Woolf said in a speech at Exeter University.
He also spoke of the importance of preserving the concordat – an agreement drawn up between ministers and judges to ensure judicial independence was protected in the major constitutional reforms.
The rule of law and the freedoms traditionally enjoyed in Britain depended on an independent judiciary, he said.
“Without observance of the rule of law, a democracy can become a dictatorship – admittedly an elected dictatorship but nonetheless a dictatorship which has all the dangers associated with uncontrolled power,” he said.
“It may be a benevolent dictatorship, it may even be an effective form of government.
“But the danger is that what starts off being benevolent can, and usually does, deteriorate into being malevolent.”
Lord Woolf also told his audience that the Government’s plans for a Supreme Court to replace the judicial functions of the House of Lords would not go ahead until an appropriate building had been located.
“The creation of a Supreme Court will be delayed until an appropriate building can be found and refurbished to provide its home,” he said.
“How long (this) will take is a matter of speculation.”
SOURCE: The Scotsman (UK), "Lord Chancellor's Office May Survive - Woolf", 13 October 2004.
[ http://news.scotsman.com/latest.cfm?id=3621537 ]
"The Insider" mailing list article, 13 October 2004.
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