tag:blogger.com,1999:blog-6214838.post6172320160857142774..comments2024-03-04T17:54:32.559+00:00Comments on Iain Dale's Diary: Bye Bye Lord FalconerIain Dalehttp://www.blogger.com/profile/03270146219458384372noreply@blogger.comBlogger57125tag:blogger.com,1999:blog-6214838.post-7813704489172101142007-03-31T12:21:00.000+01:002007-03-31T12:21:00.000+01:00David Lindsay said...The Home Office is being spli...David Lindsay said...The Home Office is being split up in order to give<BR/><BR/>Your havin' a laugh you are !Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6214838.post-62180424438088261992007-03-31T12:06:00.000+01:002007-03-31T12:06:00.000+01:00The Home Office is being split up in order to give...The Home Office is being split up in order to give even greater prominence to the attempts to scare us into surrendering the very liberty that is allegedly under such grave threat from the non-existent "global terror network", especially "Al-Qaeda".<BR/><BR/>In fact, the only "global terror network" is the one directed from the American Enterprise Institute and related institutions or organisations, and including (among others) Likud, Forza Italia, the Partido Popolar, the renaissance of the Australian Liberal Party under John Howard, the Irish Progressive Democrats, the courts of Sarkozy (or, indeed, Royal) and Merkel, the governing faction in Canada, ACT New Zealand, and, of course, the New Labour Project.<BR/><BR/>That last includes New Labour ordinarily so called, centred, of course, on Blair, who hates the Labour Party certainly more than anyone else alive, and probably more than anyone else ever. But it also includes, among others, the Cameroons (led even officially by the New Labour Project's real new Leader, Blair's favoured successor as Prime Minister), the Orange Book Tendency, The Henry Jackson Society and the Euston Manifesto.<BR/><BR/>And yes, that real "global terror network" certainly is doing a very good job of destroying our way of life.<BR/><BR/>As for "Al-Qaeda", no firm connection has ever been established among the many organistaions and movements, in numerous parts of the world, fighting to organise the State and wider society in accordance with an ideology technically called "Islam". The only connection is Islam, and the only way to counteract them is to counteract Islam, simply as such.<BR/><BR/>Not that that is the attitude of the global terror network above. On the contrary, it supported Wahabbism in 1980s Afghanistan and in 1990s Bosnia, and still supports it in Kosovo, Pakistan, Saudi Arabia and Chechnya today. It removed one the Arab worlds two principal bulwarks against it, and is threatening to remove the other one.<BR/><BR/>Furthermore, the splitting of the Home Office is to have knock on effects on the Department of Constitutional Affairs, even to be renamed "the Ministry of Justice", such as to give yet further effect to the attempt to import into this country the dangerous, and wholly foreign, theory of "the separation of powers". What of the Law Lords? What of the Home Secretary’s role in determining sentences? Or of the numerous quasi-judicial functions of Ministers? Or of the fact that all members of the Executive are required to be members of the Legislature? Or of the fact that the judges make the whole of the Common Law?<BR/><BR/>This "separation of powers" line was also put about when the position of Lord Chancellor was abolished overnight in favour of something apparently sketched on the back of a beer mat. But the House of Lords is still chaired by someone in much the same outfit, which was actually presented by Blair as a serious, and even conclusive, argument for abolition. It is just that Baroness Hayman is not the Lord Chancellor. But so what, from that point of view? Meanwhile, there is still no Cabinet Minister accountable to the House of Commons either for the major front-line public service that is the Court Service, or for the enormous Legal Aid budget of public money.<BR/><BR/>Like the other examples given above, the office of Lord Chancellor was often described as an "exception" to "the separation of powers". Quite apart from the fact that such a doctrine cannot, by definition, admit of exceptions, so that their very existence disproves the doctrine itself, there do seem to be an awful lot of these "exceptions", and they do seem to matter rather a lot.<BR/><BR/>In reality, the "powers" have never been "separate", nor can they ever be so. One of them has to win in the end. In Britain, we have decided that it is to be Parliament, and thus the elected House of Commons within Parliament. Would we rather that the Prime Minister always had the last word? Or that, as in the United States (among other places) an unelected judicial body of lifetime appointees could simply rule that any matter it liked was "constitutional", and thus reserved entirely to itself?<BR/><BR/>This is why, as is their wont, judicial theorists and constitutional lawyers habitually engage in more than a spot of wishful thinking where "the separation of powers" is concerned. They wish to see an American-style krytocracy in this country, where the judiciary is still drawn (unlike the Bar generally these days) from a very narrow social, socio-economic and educational base indeed. Presumably, that is what makes it so attractive to them, including to our own dear Voice of Reason, drawn as they are, and no doubt as he is, from that same very narrow social, socio-economic and educational base indeed.<BR/><BR/>The wretched Human Rights Act has been a major step in that direction. But mercifully, we still have instead the supreme legislative, executive and judicial authority of the Crown (i.e., of the nation embodied, regardless of party or anything else), exercised either by Parliament itself or by Ministers drawn from and accountable to Parliament. Within Parliament, the House of Commons has come to be elected by universal adult suffrage and, since the Parliament Act of 1911, to be supreme.<BR/><BR/>The Crown is the ultimate contradiction of the Franco-American, and in no sense indigenously British, theory of the separation of powers. And it is thus the ultimate guarantee that the United Kingdom (and each of the 15 countries with which we share the Crown) will remain a democracy, unlike either absolutist and historically coup-plagued France, or krytocratic America, to name but two.David Lindsayhttps://www.blogger.com/profile/06839882674758833524noreply@blogger.comtag:blogger.com,1999:blog-6214838.post-78740807160888286212007-03-30T23:04:00.000+01:002007-03-30T23:04:00.000+01:00The government is allowed to have 2 unelected Lord...The government is allowed to have 2 unelected Lords in the cabinet, they won't lose one. There's a poll on my blog - http://www.wonkosworld.co.uk/wordpress/2007/03/29/what-next-for-charlie-falconer/wonkotsanehttps://www.blogger.com/profile/04896256040598397497noreply@blogger.comtag:blogger.com,1999:blog-6214838.post-55620615234130135772007-03-30T21:46:00.000+01:002007-03-30T21:46:00.000+01:00Anonymous said..."What we should do is copy the Ge...Anonymous said...<BR/><BR/>"What we should do is copy the German Bundeswehrbeauftragter......"<BR/><BR/> What do you think of "paige"s posting ?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6214838.post-23625278239496739102007-03-30T21:42:00.000+01:002007-03-30T21:42:00.000+01:00www.isn.ethz.ch/pubs/studygroups/_doc/EU_CT_EconTe...www.isn.ethz.ch/pubs/studygroups/_doc/EU_CT_<BR/>EconTerr_250506.ppt<BR/><BR/>Sorry full address did not come out.paigehttps://www.blogger.com/profile/07923483881178119536noreply@blogger.comtag:blogger.com,1999:blog-6214838.post-67324849952149731902007-03-30T21:37:00.000+01:002007-03-30T21:37:00.000+01:00Anonymous said... "What we should do is copy th...Anonymous said...<BR/><BR/> "What we should do is copy the German Bundeswehrbeauftragter......"<BR/><BR/> I only come here for your funny comments and to read my postings,I assume the "each time i think my life is a bit shit," is down to you.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6214838.post-91498096245849975702007-03-30T21:27:00.000+01:002007-03-30T21:27:00.000+01:00chuck saidGood God! Hoon, Secretary of State for '...chuck said<BR/>Good God! Hoon, Secretary of State for 'Justice'? Are they having a laugh or something? <BR/><BR/>Hoon wouldn't recognise 'Justice' if it came up and smacked him round the head with a brick, far less anything to do with 'Truth'. What a completely grotesque appointment that would be. <BR/><BR/>I came across this today, which I find rather startling.. this is an excerpt to protect copyright, but you'll get the picture.<BR/><BR/>The only feasible alternative is: <BR/><BR/>A) a return to full-fledged intergovernmental collaboration, i.e. the de-institutionalization of TREVI, while investing it with a robust mandate, or <BR/>B) the creation of an alternative multilateral CT forum (e.g. TREVI, Club of Berne, Kilowatt Group or PWGOT, or ideally a UN CT organization) or independent or semi-independent institution (e.g. FATF, ITC > international terrorism court), both of which are politically exclusive (a “club”) <BR/>Practical experience suggests that institutionalization of European CT collaboration may offer accountability and be more democratic, but precludes the requisite flexibility offered by informal case-by-case bi- and multilateral collaboration (legitimacy vs. efficiency), i.e. on the intergovernmental level. <BR/>Institutionalization of European CT presupposes unprecedented political will and a broad consensus to abrogate sovereignty and accept restrictions on the expression of national interest with respect to “internal” security issues <BR/><BR/>Full EU think tank here: http://www.isn.ethz.ch/pubs/studygroups/_doc/EU_CT_EconTerr_250506.pptpaigehttps://www.blogger.com/profile/07923483881178119536noreply@blogger.comtag:blogger.com,1999:blog-6214838.post-24542491682059572262007-03-30T21:19:00.000+01:002007-03-30T21:19:00.000+01:00"What we should do is copy the German Bundeswehrbe..."What we should do is copy the German Bundeswehrbeauftragter......" <BR/><BR/>Do you know, voyager, I was thinking much the same thing myself...<BR/><BR/>This stuff is beyond satire..Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6214838.post-36271976517718245102007-03-30T20:39:00.000+01:002007-03-30T20:39:00.000+01:00So do the devolved regions now mimic this split ?W...So do the devolved regions now mimic this split ?<BR/><BR/>What is Labour inteding to do with the Lord Chancellor then ? He has dropped off being Speaker of The Lords, packed in running the Judiciary; and cannot head up the Justice Ministry; and the office cannot be abolished<BR/><BR/>The Justice Department must be run by a lawyer who will conflict with both Attorney-General and Lord Chief Justice.<BR/><BR/>What we should do is copy the German Bundeswehrbeauftragter and create an Ombudsman for The Armed Forces answerable directly to ParliamentAnonymousnoreply@blogger.comtag:blogger.com,1999:blog-6214838.post-92099018789281225722007-03-30T19:31:00.000+01:002007-03-30T19:31:00.000+01:00Anonymous said... each time i think my life is ...Anonymous said...<BR/><BR/> each time i think my life is a bit shit, <BR/><BR/> Well you made laugh,thanks.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6214838.post-9813866815926920632007-03-30T19:27:00.000+01:002007-03-30T19:27:00.000+01:00Trumpeter Lanfried said... Mike [12.26 PM] You ...Trumpeter Lanfried said...<BR/><BR/> Mike [12.26 PM] You say: The voters vote for "nice", not policies.<BR/><BR/> I was referring to the people (the majority) who only think of politics when the general election comes round,we don't remember policies just sound bites and the "nice" people.We sure ain't gonna vote for a person we don't like the look of,no matter what he has to say.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6214838.post-19083225159431997492007-03-30T19:03:00.000+01:002007-03-30T19:03:00.000+01:00None of these cretins are fit for the job...None of these cretins are fit for the job...Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6214838.post-1395641897556287982007-03-30T18:42:00.000+01:002007-03-30T18:42:00.000+01:00Hoon? That incompetent, mendacious twit? Well that...Hoon? That incompetent, mendacious twit? Well that tells us all we need to know about the new Ministry of Injustice.<BR/><BR/>Brown's clearly trying to give a bogus appearance of 'Englishness' to his bully boy government. <BR/><BR/>But it's too bloody little and too bloody late, Jimmy Broon. You've kicked the people of England in the crotch one time too many - and we're not going to tolerate this, or you, any longer.<BR/><BR/>Go sling your hook, Broon and cronies!<BR/><BR/>Auntie Flo'Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6214838.post-79872342564172014112007-03-30T18:34:00.000+01:002007-03-30T18:34:00.000+01:00Mike [12.26 PM] You say: The voters vote for "nice...Mike [12.26 PM] You say: The voters vote for "nice", not policies.<BR/><BR/>Not sure I agree. What the left never understood was that people voted for Margaret Thatcher not because they thought she was nice, but simply because they thought she was up to the job.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6214838.post-4975410744802767522007-03-30T18:28:00.000+01:002007-03-30T18:28:00.000+01:00labour supporter...Actually, I'm not a Labour supp...labour supporter...<BR/><BR/>Actually, I'm not a Labour supporter, have never voted for them, largely due to the suspicion they are all drab little dunces like yourself. :)Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6214838.post-18477245688042284342007-03-30T17:56:00.000+01:002007-03-30T17:56:00.000+01:00each time i think my life is a bit shit, I console...each time i think my life is a bit shit, I console myself with knowing that I never have to tolerate being with Chris 'Interesting' Paul...Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6214838.post-53680475444678606052007-03-30T17:15:00.000+01:002007-03-30T17:15:00.000+01:00Pity it didn't say bye bye New Labour. As this egr...Pity it didn't say bye bye New Labour. As this egregious government goes through it's long drawn out death throes,I am reminded of Sir Francis Drakes' drum,held in Buckland Abbey.The legend goes that if England was ever in peril the drums would awaken the ghost of Drake to come to the rescue once again.I can't help thinking that those drums started drumming in May 1997,but some apparatchik threw them down a deep,deep well.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6214838.post-78142992783789766132007-03-30T17:08:00.000+01:002007-03-30T17:08:00.000+01:00Hi IainThought Straw had the Treasury instead of w...Hi Iain<BR/><BR/>Thought Straw had the Treasury instead of wotsit, one Scot too many. Oh yeah. MOVE OVER DARLING as we sang to him after he continued to prevaricate on our tram while rubber stamping one in his patch of edinburgh the local people didn't even want ...<BR/><BR/>Anyway ... aren't you going to blog <A HREF="http://chrispaul-labouroflove.blogspot.com/2007/03/nus-sofie-has-trotsky-with-one-flickr.html" REL="nofollow">The New Hazel?</A>Chris Paulhttps://www.blogger.com/profile/15679067503215414300noreply@blogger.comtag:blogger.com,1999:blog-6214838.post-29075074313373327042007-03-30T16:50:00.000+01:002007-03-30T16:50:00.000+01:00Great story on the Torygraph 'spy' column today ab...Great story on the Torygraph 'spy' column today about 'Private Eye' getting loads of irate phone calls saying their 'Stephen Fry reading the Yellow Pages CD' is missing from the magazine...Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6214838.post-38276349237642216582007-03-30T16:47:00.000+01:002007-03-30T16:47:00.000+01:00What with Guido off to a wedding this afternoon an...What with Guido off to a wedding this afternoon and only the prospect of Charlie Falconer getting the (well deserved) push at last, it's a bit of a quiet Friday afternoon - isn't it?<BR/><BR/>I wish someone would come out with something truly offensive to liven the afternoon up.<BR/><BR/>Hitch?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6214838.post-64153417042740095702007-03-30T16:29:00.000+01:002007-03-30T16:29:00.000+01:00Why is your running on emplty article not up ?Why is your running on emplty article not up ?Newmaniahttps://www.blogger.com/profile/11922161971821380803noreply@blogger.comtag:blogger.com,1999:blog-6214838.post-77757967302339576912007-03-30T15:43:00.000+01:002007-03-30T15:43:00.000+01:00Surely there would be a significant overlap betwee...Surely there would be a significant overlap between the functions of the Security and Justice departments, and a requirement for them to co-operate closely on many issues in order to be effective?<BR/><BR/>So there is likely to be a wasteful duplication of functions. They are also likely to be competing for power and funding, and then trying to blame each other when something goes wrong. That will make them even less effective than the Home Office, not more so.<BR/><BR/>I don't see any positive benefits from this proposal, other than to the politicians and civil servants for whom it would create new career opportunities.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-6214838.post-76733666901368590752007-03-30T15:07:00.001+01:002007-03-30T15:07:00.001+01:00Sorry, the link's here:http://www.ft.com/cms/s/fd3...Sorry, the link's here:<BR/>http://www.ft.com/cms/s/fd3d430e-9a5b-11db-bbd2-0000779e2340.htmlMark Wallacehttps://www.blogger.com/profile/09641648696143835762noreply@blogger.comtag:blogger.com,1999:blog-6214838.post-37152953009298755092007-03-30T15:07:00.000+01:002007-03-30T15:07:00.000+01:00Anonymous @ 1:17"the EU is moving precisely nowher...Anonymous @ 1:17<BR/>"the EU is moving precisely nowhere on the JHA passerelle at the moment, as the Germans won't have it. So much for that theory." <BR/><BR/><BR/>Erm so it was a different Angela Merkel in the FT in January who said:<BR/>"The threat of terror has strengthened the conviction that we must work closer together in the fields of justice and home affairs, something that many considered unthinkable only 10 years ago. There are ever more areas in which joint action is needed. For such action, we need the necessary institutional arrangements."<BR/>was it?Mark Wallacehttps://www.blogger.com/profile/09641648696143835762noreply@blogger.comtag:blogger.com,1999:blog-6214838.post-5665582767509570612007-03-30T14:26:00.000+01:002007-03-30T14:26:00.000+01:00Is Brown going to be a purveyor of institutional r...Is Brown going to be a purveyor of institutional revolution?<BR/><BR/>Bring on the Ministry of Love.Old BEhttps://www.blogger.com/profile/06974090439936326476noreply@blogger.com